Archie v. Foster et al

Filing 12

ORDER TO SHOW CAUSE and for the Filing of an Amended Petition. Amended Petition due by 7/15/2011. Show Cause Response due by 7/15/2011. IT IS FURTHER ORDERED that this scheduling order supersedes any prior such orders. Signed by Judge Roger L. Hunt on 6/14/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MYRDUS ARCHIE,
aka Mary Smith,

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Petitioner,

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vs.

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SHERYL FOSTER, et al.,

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Respondents.

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2:10-cv-01968-RLH-RJJ
ORDER

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This is a habeas corpus case pursuant to 28 U.S.C. § 2254 in which petitioner, a state

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prisoner, is proceeding with the representation of counsel. On January 24, 2011, the court appointed

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the Federal Public Defender for the District of Nevada (FPD) to represent petitioner. (ECF No. 8.)

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On January 27, 2011, the FPD filed a notice of conflict with the court stating that it was unable to

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represent petitioner. (ECF No. 9.) Accordingly, on January 27, 2011, the court appointed Beau

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Sterling to represent petitioner. (ECF No. 10.) In its January 24, 2011 order, the court ordered

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petitioner’s counsel to file an amended petition within ninety days of the date of the order. No

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amended petition has been filed.

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IT IS THEREFORE ORDERED that petitioner’s counsel shall, within thirty days of the
date of service of this order: (1) SHOW CAUSE, in writing, why he should not be sanctioned for

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failing to file an amended petition; and (2) FILE AND SERVE a First Amended Petition for Writ of

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Habeas Corpus. The First Amended Petition shall include all known grounds for relief (both

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exhausted and unexhausted). Respondents shall have forty-five (45) days after service of the First

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Amended Petition within which to answer, or otherwise respond to the same. If an answer is filed,

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petitioner shall have forty-five (45) days from the date of service of the answer to file a reply.

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IT IS FURTHER ORDERED that this scheduling order supersedes any prior such orders.

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DATED this

14th

day of

June

, 2011.

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UNITED STATES DISTRICT JUDGE
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