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749 F.3d 1105

Docket No. 12-35275.

Smith v. Wasden

Ninth Circuit Court of Appeals

Decided April 11, 2014.

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Ninth Circuit Court of Appeals · decided 2014-04-11

2 counsel of record

Decided 2014-04-11

¶1Elisa G. Massoth, Esquire, Elisa G. Massoth, PLLC, Payette, ID, Petitioner-Appellant.

¶2L. Lamont Anderson, Office of the Idaho Attorney General Boise, ID, for Respondents-Appellees.

¶3Before: PREGERSON, MURGUIA, and CHRISTEN, Circuit Judges.

¶4ORDER

¶5This case is remanded to the district court. The district court shall exercise its discretion to establish a briefing schedule allowing Petitioner-Appellant Smith a reasonable amount of time to complete review of the supplemental discovery provided by the State, and to file a supplement to his habeas petition, or to re-file an updated original habeas petition, and to allow for responsive briefing.

¶6This panel will retain jurisdiction over any future appeal related to this petition.

¶7It is so ordered.

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