Holden v. Nevins et al

Filing 46

ORDER Granting nunc pro tunc 38 Motion to Extend Time to file 39 Amended Petition. IT IS FURTHER ORDERED that respondents shall have 45 days from the date of entry of this order to answer or otherwise respond to the first amended petition 39 . Signed by Judge James C. Mahan on 6/6/2016. (Attorney General of the State of Nevada answer due 7/21/2016; Nevins answer due 7/21/2016.) (Copies have been distributed pursuant to the NEF - AF)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 JIM BASS HOLDEN, 10 Petitioner, 11 vs. 12 WARDEN NEVINS, et al., 13 Case No. 2:13-cv-00668-JCM-GWF Respondents. ORDER 14 15 16 Petitioner has filed a motion to extend time to file amended petition (ECF No. 38), which the court grants. 17 Petitioner also has filed the first amended petition (ECF No. 39). The court has reviewed it 18 pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. 19 The court will direct respondents to file a response. 20 IT IS THEREFORE ORDERED that petitioner’s motion to extend time to file amended 21 petition (ECF No. 38) is GRANTED nunc pro tunc. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date 2 of entry of this order to answer or otherwise respond to the first amended petition (ECF No. 39). 3 Respondents shall raise all potential affirmative defenses in the initial responsive pleading, 4 including lack of exhaustion and procedural default. Successive motions to dismiss will not be 5 entertained. If respondents file and serve an answer, then they shall comply with Rule 5 of the 6 Rules Governing Section 2254 Cases in the United States District Courts, and then petitioner shall 7 have forty-five (45) days from the date on which the answer is served to file a reply. 8 DATED: June 6, 2016. 9 10 _________________________________ JAMES C. MAHAN United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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