Brady v. Williams

Filing 3

ORDER that Clerk shall electronically serve the petition 1 upon respondents. Respondents shall file and answer within 45 days of this Order. Signed by Judge James C. Mahan on 5/27/11. (Copies have been distributed pursuant to the NEF - ECS, NEF of Petition regenerated)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RON BRADY, JR.,

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Petitioner,
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vs.
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WARDEN BRIAN WILLIAMS, et al.,
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Respondents.
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____________________________________/

2:11-cv-00846-JCM-PAL
ORDER

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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a
Nevada state prisoner represented by counsel.
The filing fee, petition, and memorandum of points and authorities were filed on May 24,

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2011. (ECF No. 1). The petition shall be served on respondents and respondents shall file a

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response to the petition within 45 days, as set forth at the conclusion of this order.

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The court notes that a petition for federal habeas corpus should include all claims for relief of

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

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

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petitions).

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IT IS THEREFORE ORDERED that the clerk shall ELECTRONICALLY SERVE the
petition and attached memorandum of points and authorities (ECF No. 1) upon the respondents.
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from entry of

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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 all claims presented in the petition. 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

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forty-five (45) days from the date of service of the answer to file a reply.
27th
Dated this ______ day of May, 2011.

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UNITED STATES DISTRICT JUDGE

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