Alcaraz v. Williams et al
Filing
7
ORDER Granting 6 Petitioner's Motion for Reconsideration. IT IS FURTHER ORDERED that the Court's 4 Order Dismissing Case is VACATED. The Clerk shall FILE and ELECTRONICALLY SERVE the Petition upon the Respondents. Respondents shall have 45 days within which to answer, or otherwise respond to, the Petition. Petitioner shall have 45 days from the date of service of the answer to file a reply. Case reopened. Signed by Judge James C. Mahan on 05/16/2014. (Copies have been distributed pursuant to the NEF - AC)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
8
9
10
JUAN M. ALCARAZ,
11
Petitioner,
Case No. 2:13-cv-00818-JCM-PAL
12
vs.
ORDER
13
BRIAN WILLIAMS, et al.,
14
Respondents.
15
16
17
This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C.
18
§ 2254, by a Nevada state prisoner. On May 30, 2013, this court denied petitioner’s application for
19
leave to proceed in forma pauperis and directed petitioner to pay the $5.00 filing fee to the clerk of
20
court within thirty days. (ECF No. 3). Because it appeared that petitioner failed to obey the court’s
21
order to pay the filing fee, this action was dismissed without prejudice by order filed July 15, 2013.
22
(ECF No. 4). The order further stated that the petition was untimely based on incomplete
23
information contained in the petition, a conclusion that the court now retracts.
24
Petitioner filed a motion for reconsideration of the dismissal of this action. (ECF No. 6). In
25
his motion, petitioner explains that on June 13, 2013, he submitted to prison officials an inmate
26
accounting transaction request form, in which he asked that $5.00 be taken from his prison account
27
and sent to the clerk of court. Petitioner attached the inmate account transaction request form to his
28
motion, which indicates that petitioner did timely request prison officials to withdraw $5.00 from
1
his account and send to the clerk of court. (ECF No. 6, at Exhibit 2). The court’s docket does not
2
reflect receipt of the $5.00 filing fee. Nevertheless, because it appears that petitioner made a good
3
faith attempt to pay the filing fee as ordered by this court, petitioner’s motion for reconsideration is
4
granted. The order of dismissal shall be vacated and this action shall be reopened. Respondents
5
shall respond to the petition, as set forth below.
6
7
8
9
10
11
IT IS THEREFORE ORDERED that petitioner’s motion for reconsideration (ECF No. 6)
is GRANTED.
IT IS FURTHER ORDERED that the court’s order of July 15, 2013 (ECF No. 4) is
VACATED.
IT IS FURTHER ORDERED that the clerk shall FILE and ELECTRONICALLY
SERVE the petition upon the respondents.
12
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from entry
13
of this order within which to answer, or otherwise respond to, the petition. In their answer or other
14
response, respondents shall address all claims presented in the petition. Respondents shall raise all
15
potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and
16
procedural default. Successive motions to dismiss will not be entertained. If an answer is filed,
17
respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in
18
the United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have
19
forty-five (45) days from the date of service of the answer to file a reply.
20
IT IS FURTHER ORDERED that any state court record exhibits filed by respondents shall
21
be filed with a separate index of exhibits identifying the exhibits by number or letter. The hard copy
22
of all state court record exhibits shall be forwarded, for this case, to the staff attorneys in the Reno
23
division of the clerk of court.
24
IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the attorney
25
general of the state of Nevada a copy of every pleading, motion, or other document he submits for
26
consideration by the court. Petitioner shall include with the original paper submitted for filing a
27
certificate stating the date that a true and correct copy of the document was mailed to the attorney
28
general. The court may disregard any paper that does not include a certificate of service. After
-2-
1
respondents appear in this action, petitioner shall make such service upon the particular deputy
2
attorney general assigned to the case.
3
May 16, 2014.
Dated this ______ day of May, 2014.
4
5
6
UNITED STATES DISTRICT JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?