v. Ambro et al

Filing 2

ORDER for the Clerk to electronically serve 1 Petition for Writ of Habeas Corpus upon Respondents. Douglas Gillespie and Nevada State Attorney General answer due 8/29/2010. Reply due 45 days from the date of service of answer. Signed by Judge Kent J. Dawson on 7/14/10. (Copies have been distributed pursuant to the NEF - ASB)

Ambro v. Gillespie et al

Doc. 2

1 2 3 4 5 6 7 8 9 10 11 LACEY RUTH-MARIE AMBRO, 12 13 14 15 16 17 This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 18 by an inmate represented by counsel. Petitioner has paid the filing fee for this action. (Docket #1). 19 The petition shall now be served on respondents. 20 A petition for federal habeas corpus should include all claims for relief of which 21 petitioner is aware. If petitioner fails to include such a claim in his petition, he may be forever 22 barred from seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive 23 petitions). 24 IT IS THEREFORE ORDERED that the Clerk shall ELECTRONICALLY 25 SERVE the petition (Docket #1) upon the respondents. 26 ) ) Petitioner, ) ) vs. ) ) DOUGLAS GILLESPIE, et al., ) ) Respondents. ) ____________________________________/ 2:10-cv-00760-KJD-LRL ORDER UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from entry of this order within which to answer, or otherwise respond to, the petition. In their answer or other response, respondents shall address any claims presented by petitioner in the petition. Respondents shall raise all potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and procedural default. Successive motions to dismiss will not be entertained. If an answer is filed, respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have forty-five (45) days from the date of service of the answer to file a reply. IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the Attorney General of the State of Nevada a copy of every pleading, motion, or other document he submits for consideration by the Court. Petitioner shall include with the original paper submitted for filing a certificate stating the date that a true and correct copy of the document was mailed to the Attorney General. The Court may disregard any paper that does not include a certificate of service. After respondents appear in this action, petitioner shall make such service upon the particular Deputy Attorney General assigned to the case. July 14th DATED this _____ day of ______________________________, 2010.

UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 2