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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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 SHAWNDELL BRYANT, 9 Petitioner, 10 vs. 11 DWIGHT NEVEN, et al., 12 Respondents. ) ) ) ) ) ) ) ) ) / 2:12-cv-00348-JCM-GWF ORDER 13 14 This is a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254 in which 15 petitioner, a state prisoner, is proceeding pro se. On May 1, 2012, petitioner paid the filing fee for this 16 action. (ECF No. 3.) 17 IT IS THEREFORE ORDERED that the clerk shall FILE and ELECTRONICALLY 18 SERVE the petition (ECF No. 1-1) upon the respondents. A petition for federal habeas corpus should 19 include all claims for relief of which petitioner is aware. If petitioner fails to include such a claim in his 20 petition, he may be forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C. 21 §2254(b) (successive petitions). If petitioner is aware of any claim not included in his petition, he should 22 notify the court of that as soon as possible, perhaps by means of a motion to amend his petition to add 23 the claim. 24 IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from 25 entry of this order within which to answer, or otherwise respond to, the petition. In their answer or other 26 response, respondents shall address any claims presented by petitioner in his petition as well as any 1 claims presented by petitioner in any statement of additional claims. Respondents shall raise all 2 potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and 3 procedural default. Successive motions to dismiss will not be entertained. If an answer is filed, 4 respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the 5 United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have forty- 6 five (45) days from the date of service of the answer to file a reply. 7 IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the attorney 8 general of the state of Nevada a copy of every pleading, motion, or other document he submits for 9 consideration by the court. Petitioner shall include with the original paper submitted for filing a 10 certificate stating the date that a true and correct copy of the document was mailed to the attorney 11 general. The court may disregard any paper that does not include a certificate of service. After 12 respondents appear in this action, petitioner shall make such service upon the particular deputy attorney 13 general assigned to the case. 14 IT IS FURTHER ORDERED that any state court record exhibits filed by respondents 15 shall be filed with a separate index of exhibits identifying the exhibits by number or letter. The CM/ECF 16 attachments that are filed further shall be identified by the number or numbers (or letter or letters) of the 17 exhibits in the attachment. The hard copy of any additional state court record exhibits shall be 18 forwarded – for this case – to the staff attorneys in Reno. 19 20 21 May 18, 2012. DATED this _____ day of ______________________________, 2012. 22 23 UNITED STATES DISTRICT JUDGE 24 25 26 2

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