Smith v. Neven et al

Filing 4

ORDER that the Clerk shall electronically serve the petition 1 on the respondents. Respondents to respond to petition within 45 days. Signed by Judge Roger L. Hunt on 5/26/11. (Copies have been distributed pursuant to the NEF - ECS, regenerated NEF of petition)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BRECK W. SMITH,
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Petitioner,
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vs.
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D.W. NEVEN, et al.,
Respondents.

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2:11-cv-00556-RLH-RJJ
ORDER

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Breck W. Smith, a Nevada prisoner, has submitted a petition for a writ of habeas corpus,
pursuant to 28 U.S.C. § 2254 (docket #1).
Petitioner has now paid the filing fee (see docket #3). Therefore, the habeas petition will
be filed and docketed, and it will be served upon the respondents.

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A petition for federal habeas corpus should include all claims for relief of which

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petitioner is aware. If petitioner fails to include such a claim in his petition, he may be forever barred

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from seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive petitions). If

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petitioner is aware of any claim not included in his petition, he should notify the Court of that as soon

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as possible, perhaps by means of a motion to amend his petition to add the claim.

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IT IS THEREFORE ORDERED that the Clerk shall ELECTRONICALLY SERVE
the petition (docket #1) on the respondents.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from

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entry of this order within which to answer, or otherwise respond to, the petition. In their answer or other

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response, respondents shall address any claims presented by petitioner in his petition as well as any

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claims presented by petitioner in any Statement of Additional Claims. Respondents shall raise all

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potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and

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procedural default. Successive motions to dismiss will not be entertained. If an answer is filed,

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respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the

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United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have forty-

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five (45) days from the date of service of the answer to file a reply.

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IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the Attorney

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General of the State of Nevada a copy of every pleading, motion, or other document he submits for

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consideration by the Court. Petitioner shall include with the original paper submitted for filing a

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certificate stating the date that a true and correct copy of the document was mailed to the Attorney

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General. The Court may disregard any paper that does not include a certificate of service. After

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respondents appear in this action, petitioner shall make such service upon the particular Deputy Attorney

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General assigned to the case.

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Dated, this ___ day of May, 2011.
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___________________________________
UNITED STATES DISTRICT JUDGE

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