Dominguez v. Williams et al

Filing 5

ORDER Denying 3 Motion/Application for Leave to Proceed in forma pauperis as Moot. IT IS FURTHER ORDERED that the Clerk shall FILE and ELECTRONICALLY SERVE the 1 petition on the Respondents. Respondents shall have forty-five (45) days from entr y of this order within which to answer, or otherwise respond to, the petition. If an answer is filed, petitioner shall have forty-five (45) days from the date of service of the answer to file a reply. Signed by Judge Gloria M. Navarro on 11/19/2012. (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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IVAN DOMINGUEZ,
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Petitioner,
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vs.
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BRIAN E. WILLIAMS, et al.,
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Respondents.
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2:12-cv-01609-GMN-GWF
ORDER

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Ivan Dominguez is a Nevada prisoner who has filed petition for a writ of habeas corpus,
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pursuant to 28 U.S.C. § 2254. In response to this court’s order, he has both submitted an application to
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proceed in forma pauperis (ECF #3), as well as paid the filing fee (see ECF #4). Accordingly, his
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application to proceed in forma pauperis will be denied as moot.
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The habeas petition shall be filed and docketed, and it shall be served upon the
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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 barred
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from seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive petitions). If
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petitioner is aware of any claim not included in his petition, he should notify the court of that as soon
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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 petitioner’s application to proceed in forma
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pauperis (ECF #3) is DENIED as moot.

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IT IS FURTHER ORDERED that the Clerk shall FILE and ELECTRONICALLY
SERVE the petition (see ECF #1) on the respondents.

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

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

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letters) of the exhibits in the attachment. The hard copy of any additional state court record exhibits

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

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Dated, this19th day of November, 2012.
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___________________________________
UNITED STATES DISTRICT JUDGE

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