Bousley v. Neven et al

Filing 2

ORDER to File and Electronically Serve 1 Petition for Writ of Habeas Corpus on Respondents. Attorney General of the State of Nevada answer due 3/15/2012 and D.W. Neven answer due 3/15/2012. Replies due by 4/29/2012. Signed by Judge Gloria M. Navarro on 1/30/12. (Copies have been distributed pursuant to the NEF - ASB)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 ANTOINE BOUSLEY, ) ) Petitioner, ) ) vs. ) ) D.W. NEVEN, et al., ) ) Respondents. ) ____________________________________/ 2:11-cv-01751-GMN-GWF ORDER 8 9 This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, 10 by a Nevada state prisoner. Petitioner has paid the filing fee for this action. The petition shall now 11 be filed and served on respondents. 12 A petition for federal habeas corpus should include all claims for relief of which petitioner is 13 aware. If petitioner fails to include such a claim in his petition, he may be forever barred from 14 seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive petitions). 15 16 17 IT IS THEREFORE ORDERED that the Clerk shall FILE and ELECTRONICALLY SERVE the petition (ECF No. 1) upon the respondents. IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from entry of 18 this order within which to answer, or otherwise respond to, the petition. In their answer or other 19 response, respondents shall address all claims presented in the petition. Respondents shall raise all 20 potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and 21 procedural default. Successive motions to dismiss will not be entertained. If an answer is filed, 22 respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the 23 United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have 24 forty-five (45) days from the date of service of the answer to file a reply. 25 26 IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the Attorney General of the State of Nevada a copy of every pleading, motion, or other document he submits for 1 consideration by the Court. Petitioner shall include with the original paper submitted for filing a 2 certificate stating the date that a true and correct copy of the document was mailed to the Attorney 3 General. The Court may disregard any paper that does not include a certificate of service. After 4 respondents appear in this action, petitioner shall make such service upon the particular Deputy 5 Attorney General assigned to the case. 6 Dated this 30th day of January, 2012. 7 8 9 Gloria M. Navarro United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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