Combs v. State of Nevada et al

Filing 42

ORDER Granting Petitioner's 35 Motion to Reopen Case. The clerk of the court shall reopen this action. IT IS FURTHER ORDERED that Petitioner's 36 Motion to Appoint Counsel is Denied. IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date of entry of this order to answer or otherwise respond to the 23 amended petition. Signed by Chief Judge Gloria M. Navarro on 04/06/2016. (Copies have been distributed pursuant to the NEF - NEV)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
9

BRETT COMBS,

10

Petitioner,

11

vs.

12

STATE OF NEVADA, et al.,

13

Case No. 2:11-cv-00528-GMN-VCF

Respondents.

ORDER

14
15
16

Before the court are petitioner’s motion to reopen (#35) and respondents’ non-opposition
(#40). The court grants this motion.

17

Also before the court are petitioner’s motion for appointment of counsel (#36), respondents’

18

opposition (#39), and petitioner’s reply (#41). The court sees no reason to depart from its denial of

19

petitioner’s earlier motion for appointment of counsel, and the court denies this motion.

20
21
22
23
24

IT IS THEREFORE ORDERED that petitioner’s motion to reopen (#35) is GRANTED.
The clerk of the court shall reopen this action.
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (#36) is
DENIED.
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date

25

of entry of this order to answer or otherwise respond to the amended petition (#23). Respondents

26

shall raise all currently available affirmative defenses in the initial responsive pleading, including

27

lack of exhaustion and procedural default. Successive motions to dismiss will not be entertained. If

28

respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing

1

Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five

2

(45) days from the date on which the answer is served to file a reply. If respondents file a motion,

3

then the briefing schedule of Local Rule LR 7-2 shall apply.

4

DATED:

April 6, 2016

5
6

_________________________________
Gloria M. Navarro, Chief Judge
United States District Court

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-