CHARLES MCNELTON v. E.K. MCDANIEL, et al. (DEATH PENALTY)

Filing 141

ORDER that Respondents shall have until 12/02/2013 to file and serve an Answer or other Response to 133 Petitioner's Amended Petition for Writ of Habeas Corpus. Replies due 45 days following service of an Answer. Response to Replies due 30 days following service of a Reply. Petitioner shall have 30 days to file opposition if Respondents file a motion to dismiss. Replies due 30 days following service of opposition. See Order for details. Signed by Chief Judge Robert C. Jones on 10/07/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHARLES McNELTON,

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Petitioner,

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vs.

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RENEE BAKER, et al.,

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Respondents.

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2:00-cv-0284-RCJ-CWH
ORDER

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On April 25, 2013, this court entered an order lifting the stay and reopening proceedings in

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this case. ECF No. 130. In addition, the court allowed petitioner nintey (90) days within which to

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file an amended petition for a writ of habeas corpus. Id. After obtaining an extension of time,

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petitioner filed his second amended petition on September 27, 2013. ECF No. 133.

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The amended petition having been filed, the court shall now set a schedule for further
litigation of this action.

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IT IS THEREFORE ORDERED:

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1. Response to Petition. Respondents shall have until and including December 2, 2013, to

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file and serve an answer or other response to petitioner’s second amended petition for writ of habeas

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corpus (ECF No. 133).

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2. Reply and Response to Reply. Petitioner shall have forty-five (45) days following

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service of an answer by respondents to file and serve a reply. Respondents shall thereafter have

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thirty (30) days following service of a reply to file and serve a response to the reply.
3. Briefing of Motion to Dismiss. If respondents file a motion to dismiss, petitioner shall

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have thirty (30) days following service of the motion to file and serve an opposition to the motion.

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Respondents shall thereafter have thirty (30) days following service of the opposition to the motion

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to file and serve a reply.

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4. Evidentiary Hearing. If petitioner wishes to request an evidentiary hearing, petitioner

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shall file and serve a motion for an evidentiary hearing concurrently with, but separate from, his

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reply to respondents’ answer or his opposition to respondents’ motion to dismiss. The motion for an

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evidentiary hearing must specifically address why an evidentiary hearing is required, and must meet

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the applicable requirements of 28 U.S.C. § 2254(e). The motion must identify whether an

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evidentiary hearing was held in state court, and, if so, state where the transcript is located in the

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record. If petitioner files a motion for an evidentiary hearing, respondents shall file and serve a

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response to that motion concurrently with, but separate from, their response to petitioner’s reply or

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their reply in support of a motion to dismiss. Petitioner shall thereafter have twenty (20) days,

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following service of respondents’ response to the motion for an evidentiary hearing, to file and serve

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a reply in support of that motion.

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DATED: This 7th day of October, 2013.

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UNITED STATES DISTRICT JUDGE
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