Bryant v. Neven et al

Filing 4

ORDER that the clerk shall file and electronically serve the petition. FURTHER ORDERED that respondents shall have 45 days from entry of this order within which to answer/respond. If an answer is filed, petitioner shall have 45 days from the date of service of the answer to file a reply. Signed by Judge James C. Mahan on 5/18/12. (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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SHAWNDELL BRYANT,

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Petitioner,

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vs.

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DWIGHT NEVEN, et al.,

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Respondents.

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2:12-cv-00348-JCM-GWF
ORDER

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This is a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254 in which

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petitioner, a state prisoner, is proceeding pro se. On May 1, 2012, petitioner paid the filing fee for this

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action. (ECF No. 3.)

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IT IS THEREFORE ORDERED that the clerk shall FILE and ELECTRONICALLY

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SERVE the petition (ECF No. 1-1) 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

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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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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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May 18, 2012.
DATED this _____ day of ______________________________, 2012.

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UNITED STATES DISTRICT JUDGE
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