Gibbs v. LeGrand et al

Filing 21

ORDERED that the Clerk shall electronically serve 18 the Petition and a copy of this Order on respondents. Respondents shall file a notice of appearance within 20 days thereof. FURTHER ORDERED that petitioner shall have 90 days to file and serve a n amended petition. Respondents shall have 45 days after service of an amended petition within which to answer/respond. FURTHER ORDERED that if and when respondents file an answer, petitioner shall have 30 days after service of the answer to file and serve a reply. FURTHER ORDERED that counsel for respondents shall make available to counsel for petitioner copies of whatever portions of the state court record they possess regarding the judgment petitioner is challenging in this case. Signed by Judge Kent J. Dawson on 7/19/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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GEORGE W. GIBBS,

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Petitioner,

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vs.

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ROBERT LEGRAND,

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Respondent.

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2:11-cv-00750-KJD-RJJ
ORDER

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In this habeas corpus action, counsel appeared on July 13, 2011, on behalf of petitioner

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(ECF No. 19). Petitioner’s counsel is Debra A. Bookout, Assistant Federal Public Defender, 411 E.

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Bonneville, Suite 250, Las Vegas, Nevada, 89101. Respondents have not appeared in this action, as they

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have not been served with the petition.

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The Court will set a schedule for further proceedings in this action.

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IT IS THEREFORE ORDERED that the Clerk shall electronically serve the petitioner

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(ECF No. 18) and a copy of this Order on respondents. Respondents shall file a notice of appearance

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in the action within twenty days thereof.

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IT IS FURTHER ORDERED that counsel for petitioner shall meet with petitioner as

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soon as reasonably possible, if counsel has not already done so, to: (a) review the procedures applicable

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in cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as possible, the

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potential grounds for habeas corpus relief in petitioner’s case; and (c) advise petitioner that all possible

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grounds for habeas corpus relief must be raised at this time in this action and that the failure to do so will

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likely result in any omitted grounds being barred from future review.

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IT IS FURTHER ORDERED that petitioner shall have ninety [90 days], to file and

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serve an amended petition for writ of habeas corpus, which shall include all known grounds for relief

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(both exhausted and unexhausted). Respondents shall have forty five (45) days after service of an

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amended petition within which to answer, or otherwise respond to, the amended petition. If petitioner

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does not file an amended petition, respondents shall have forty five (45) days from the date on which

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the amended petition is due within which to answer, or otherwise respond to, petitioner’s original

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petition.

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IT IS FURTHER ORDERED that if and when respondents file an answer, petitioner
shall have thirty (30) days after service of the answer to file and serve a reply.

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IT IS FURTHER ORDERED that counsel for respondents shall make available to

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counsel for petitioner (photocopying costs at the latter’s expense), as soon as reasonably possible, copies

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of whatever portions of the state court record they possess regarding the judgment petitioner is

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challenging in this case.

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DATED: July 19, 2011

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UNITED STATES DISTRICT JUDGE

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