Zana v. Neven et al

Filing 13

ORDER that respondents shall have 45 days from entry of this order within which to answer/respond to the petition. If an answer is filed, petitioner shall have 45 days from the date of service of the answer to file a reply. FURTHER ORDERED that henc eforth, petitioner shall serve upon the Attorney General of the State of Nevada a copy of every pleading, motion, or other document he submits for consideration by the court. FURTHER ORDERED that any state court record exhibits filed by either party herein shall be filed with a separate index of exhibits identifying the exhibits by number or letter. A hard copy of any additional state court record exhibits shall be forwarded -- for this case -- to the staff attorneys in Reno. Petitioner shall ensure that a hard copy of the exhibits already filed electronically shall also be forwarded to the staff attorneys in Reno. Signed by Judge James C. Mahan on 6/19/12. (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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MARK R. ZANA,

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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-01013-JCM-VCF
ORDER

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Mark Zana, a prisoner at High Desert State Prison, has filed a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254 and numerous exhibits. (ECF Nos. 1-11.) Petitioner is

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represented by retained counsel. Petitioner has paid the filing fee for this action. (ECF No. 1.) The

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petition has been filed and served on respondents.

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A petition for federal habeas corpus should include all claims for relief of which

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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). If petitioner is aware of any claim not included in his petition, he should notify the court

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of that as soon as possible, perhaps by means of a motion to amend his petition to add the claim.

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IT IS THEREFORE ORDERED that respondents shall have forty-five (45) days

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from entry of this order within which to answer, or otherwise respond to, the petition. In their

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answer or other response, respondents shall address any claims presented by petitioner in his petition

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as well as any claims presented by petitioner in any statement of additional claims. Respondents

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shall raise all potential affirmative defenses in the initial responsive pleading, including lack of

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exhaustion and procedural default. Successive motions to dismiss will not be entertained. If an

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answer is filed, respondents shall comply with the requirements of Rule 5 of the Rules Governing

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Proceedings in the United States District Courts under 28 U.S.C. §2254. If an answer is filed,

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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, henceforth, petitioner shall serve upon the

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Attorney General of the State of Nevada a copy of every pleading, motion, or other document he

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submits for consideration by the court. Petitioner shall include with the original paper submitted for

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filing a certificate stating the date that a true and correct copy of the document was mailed to the

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attorney general. The court may disregard any paper that does not include a certificate of service.

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After respondents appear in this action, petitioner shall make such service upon the particular deputy

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attorney general assigned to the case.

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IT FURTHER IS ORDERED that any state court record exhibits filed by either

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party herein shall be filed with a separate index of exhibits identifying the exhibits by number or

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letter. The CM/ECF attachments that are filed shall further be identified by the number or numbers

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(or letter or letters) of the exhibits in the attachment. A hard copy of any additional state court record

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exhibits shall be forwarded – for this case – to the staff attorneys in Reno. Petitioner shall ensure

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that a hard copy of the exhibits already filed electronically shall also be forwarded to the staff

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attorneys in Reno.

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Dated this 19th day of June, 2012.
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___________________________________
UNITED STATES DISTRICT JUDGE

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