Archie v. Foster et al

Filing 4

ORDER Granting 3 Motion/Application for Leave to Proceed in forma pauperis. Clerk shall file the petition. Answer due 45 days from entry of this order. Signed by Chief Judge Roger L. Hunt on 12/30/10. (Copies have been distributed pursuant to the NEF - ASB)

Archie v. Foster et al

Doc. 4

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This is a habeas corpus case pursuant to 28 U.S.C. § 2254 in which petitioner, a state prisoner, is proceeding pro se. Petitioner has filed a motion to proceed in forma pauperis. (Docket #3). Based on the information about petitioner's financial status, including any additional information that may have provided, the Court finds that the motion to proceed in forma pauperis should be granted. The petition shall now be filed and served on respondents. A petition for federal habeas corpus should include all claims for relief of which petitioner is aware. If petitioner fails to include such a claim in his petition, he may be forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive petitions). If petitioner is aware of any claim not vs. SHERYL FOSTER, et al, Respondents. MYRDUS ARCHIE, aka Mary Smith, Petitioner, ) ) ) ) ) ) ) ) ) ) /

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

Dockets.Justia.com

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included in his petition, he should notify the Court of that as soon as possible, perhaps by means of a motion to amend his petition to add the claim. IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (Docket #3) is GRANTED. IT IS FURTHER ORDERED that the Clerk shall FILE the petition and ELECTRONICALLY SERVE the petition (docket #1-1) upon respondents. 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 his petition as well as any claims presented by petitioner in any Statement of Additional Claims. 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.

DATED this

30th

day of

December

, 2010.

UNITED STATES DISTRICT JUDGE 2