Leavitt v. Neven et al

Filing 37

ORDER that Respondents shall have 45 days within which to Answer, or otherwise Respond, to the 36 Amended Petition for Writ of Habeas Corpus. 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 11/04/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CODY LEAVITT,
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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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Case No. 2:12-cv-00987-JCM-CWH
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
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Nevada state prisoner represented by counsel. On October 15, 2013, petitioner, through counsel,
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filed an amended petition.
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IT IS THEREFORE 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 amended petition. In their
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answer or other response, respondents shall address all claims presented in the amended petition.
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Respondents shall raise all potential affirmative defenses in the initial responsive pleading, including
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lack of exhaustion and procedural default. Successive motions to dismiss will not be entertained.
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If an answer is filed, respondents shall comply with the requirements of Rule 5 of the Rules
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Governing Proceedings in the United States District Courts under 28 U.S.C. §2254. If an answer is

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filed, petitioner shall have forty-five (45) days from the date of service of the answer to file a reply.

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IT IS FURTHER ORDERED that any state court record exhibits filed by the parties shall

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be filed with a separate index of exhibits identifying the exhibits by number or letter. The hard copy

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of all state court record exhibits shall be forwarded, for this case, to the staff attorneys in the Reno

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division of the clerk of court.

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November 4, 2013.
Dated this ______ day of October, 2013.

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UNITED STATES DISTRICT JUDGE
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