Medina v. Thornell

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Efren Medina, No. CV-21-00889-PHX-GMS

10 Petitioner, ORDER

11 v. DEATH PENALTY CASE

12 Ryan Thornell, et al.,

13 Respondents. 14 15 Petitioner Efren Medina has moved for leave to exceed the page limit of his reply 16 in support of his amended habeas petition. (Doc. 68.) With the motion, he has lodged his 17 Proposed Reply. (Doc. 69.) The reply “may not exceed 100 pages, exclusive of 18 attachments,” absent the Court’s leave. LRCiv 3.5(b). The Court may grant such leave 19 based on good cause. Id. 20 Medina’s Proposed Reply exceeds the 100-page limit by 15 pages. (Doc. 69.) As 21 good cause to exceed that limit, Medina states that the state-court record is extensive and 22 complex. (Doc. 68 at 2.) He also asserts that Shinn v. Ramirez, 596 U.S. 366 (2022), has 23 enlarged his Reply’s arguments and that his counsel has diligently tried to meet the 100- 24 page limit.1 (Id.) Respondents do not object. (Id.) Good cause appearing, 25 /// 26 /// 27 28 1 Ramirez issued after Medina filed his initial habeas petition but before he filed his amended one. (Docs. 27 and 33.) Respondents discuss Ramirez in their Answer. (Doc. 43.) 1 IT IS ORDERED granting Medina’s Unopposed Motion for Leave to File || Overlength Lodged Proposed Reply (Doc. 68) and directing the Clerk of Court to file the 3 || Lodged Proposed Reply (Doc. 69). 4 Dated this 12th day of August, 2024. ° Wars ) 6 A Whacrsay Fotos 7 Chief United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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