Lanny Smith v. LAWRENCE WASDEN and BRENT REINKE

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LANNY SMITH,
Petitioner - Appellant,
v.
LAWRENCE WASDEN and BRENT
REINKE,
Respondents - Appellees.
No. 12-35275
D.C. No. 4:08-cv-00227-EJL
District of Idaho,
Pocatello
ORDER
Before: PREGERSON, MURGUIA, and CHRISTEN, Circuit Judges.
This 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.
This panel will retain jurisdiction over any future appeal related to this
petition.
It is so ordered.
FILED
APR 11 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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