Delgado v. Attorney General of the State of Nevada

Filing 9

ORDERED that the Clerk shall Electronically Serve the amended petition 8 upon the respondents. FURTHER ORDERED that respondents shall have 45 days from entry of this order within which to answer/respond to the petition. FURTHER ORDERED that any st ate court record exhibits filed by respondents shall be filed with a separate index of exhibits identifying the exhibits by number or letter. The cm/ecf attachments that are filed further shall be identified by the number or numbers (or letter or let ters) of the exhibits in the attachment. The hard copy of any additional state court record exhibits shall be forwarded--for this case--to the staff attorneys in Reno. Signed by Judge James C. Mahan on 1/30/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ORLANDO DELGADO,
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Petitioner,
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vs.
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ATTORNEY GENERAL
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OF THE STATE OF NEVADA, et al.,
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Respondents.
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____________________________________/

2:11-cv-00583-JCM-GWF
ORDER

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Petitioner has submitted an amended petition for writ of habeas corpus and has paid the
filing fee for this action. (ECF Nos. 3, 8.)

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IT IS THEREFORE ORDERED that the clerk shall ELECTRONICALLY SERVE

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the amended petition (ECF No. 8) upon the respondents. A petition for federal habeas corpus should

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include all claims for relief of which petitioner is aware. If petitioner fails to include such a claim in his

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petition, he may be forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C.

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§2254(b) (successive petitions). If petitioner is aware of any claim not included in his petition, he should

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notify the court of that as soon as possible, perhaps by means of a motion to amend his petition to add

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the claim.

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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 potential

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

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

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comply with the requirements of Rule 5 of the Rules Governing Proceedings in the United States District

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Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have forty-five (45) days from the

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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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IT IS FURTHER ORDERED that any state court record exhibits filed by respondents

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shall be filed with a separate index of exhibits identifying the exhibits by number or letter. The CM/ECF

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attachments that are filed further shall be identified by the number or numbers (or letter or letters) of the

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exhibits in the attachment. The hard copy of any additional state court record exhibits shall be

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forwarded – for this case – to the staff attorneys in Reno.

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January 30, 2012.
DATED this _____ day of ______________________________, 2012.

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UNITED STATES DISTRICT JUDGE
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