Centofanti v. Neven et al

Filing 33

ORDER that petitioner shall have 60 days from the date of entry of this order, to file and serve on respondents an amended petition for writ of habeas corpus, or other appropriate motion or pleading. IT IS FURTHER ORDERED that respondents shall hav e 30 days after service of amended petition to answer. If respondents file an answer, petitioner shall have 30 days to file and serve a reply. Signed by Judge Jennifer A. Dorsey on 4/29/2014. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 ALFRED PAUL CENTOFANTI, 10 Petitioner, 11 vs. 12 Case No. 2:13-cv-01080-JAD-PAL DWIGHT W. NEVEN, 13 ORDER Respondents. 14 15 This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, filed 16 by a Nevada state prisoner. On March 28, 2014, this Court granted petitioner’s motion for counsel 17 and appointed the Federal Public Defender to represent petitioner in this action. (Doc. 31). On 18 April 28, 2014, Jonathan Kirshbaum of the Federal Public Defender’s Office appeared on behalf of 19 petitioner. (Doc. 32). The Court now sets a schedule for further proceedings in this action. 20 IT IS THEREFORE ORDERED that counsel for petitioner shall meet with petitioner as 21 soon as reasonably possible, if counsel has not already done so, to: (a) review the procedures 22 applicable in cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as 23 possible, the potential grounds for habeas corpus relief in petitioner’s case; and (c) advise petitioner 24 that all possible grounds for habeas corpus relief must be raised at this time in this action and that 25 the failure to do so will likely result in any omitted grounds being barred from future review. 26 27 28 1 IT IS FURTHER ORDERED that petitioner shall have sixty (60) days from the date of 2 entry of this order, to FILE AND SERVE on respondents an amended petition for writ of habeas 3 corpus, or other appropriate motion or pleading. 4 IT IS FURTHER ORDERED that respondents shall have thirty (30) days after service of 5 an amended petition within which to answer, or otherwise respond to, the amended petition. If 6 petitioner files a motion, the motion shall be briefed pursuant to Local Rule of Civil Practice 7-2. 7 8 9 IT IS FURTHER ORDERED that if respondents file an answer, petitioner shall have thirty (30) days after service of the answer to file and serve a reply. IT IS FURTHER ORDERED that any state court record exhibits filed by the parties herein 10 shall be filed with an index of exhibits identifying the exhibits by number or letter. The CM/ECF 11 attachments that are filed shall further be identified by the number or numbers (or letter or letters) 12 of the exhibits in the attachment. 13 IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of 14 all exhibits presented in support of the amended petition and the response to the amended petition to 15 the Reno Division of this Court. Courtesy copies shall be mailed to the Clerk of Court, 400 S. 16 Virginia St., Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the outside of 17 the mailing address label. 18 Dated: April 29, 2014. Dated this ______ day of April, 2014. 19 20 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 -2-

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