Ross v. Neven et al

Filing 2

ORDER that ground 5 of the 1 petition is DISMISSED. Respondents shall have 45 days to answer or otherwise respond to the petition. Petitioner shall have 45 days from the date on which the answer is served to file a reply. Signed by Judge James C. Mahan on 8/6/2014. (Copies have been distributed pursuant to the NEF; CC: AG and Petitioner - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RONALD ROSS,

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Petitioner,

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vs.

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Case No. 2:13-cv-01562-JCM-CWH

DWIGHT NEVEN, et al.,

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ORDER

Respondents.

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Before the court is the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (#1).

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The court has reviewed the petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases

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in the United States District Courts. The court will dismiss one ground. The court will serve the

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petition upon respondents for a response to the remaining grounds.

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In ground 5, petitioner claims that he received ineffective assistance of the counsel appointed

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to represent him in his state post-conviction habeas corpus proceedings. Petitioner does not have a

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right to effective assistance of counsel in state post-conviction habeas corpus proceedings. Coleman

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v. Thompson, 501 U.S. 722, 752 (1991). The court will dismiss ground 5.

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IT IS THEREFORE ORDERED that ground 5 of the petition (#1) is DISMISSED.

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IT IS FURTHER ORDERED that the clerk shall add Catherine Cortez Masto, Attorney

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General for the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a

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copy of the petition (#1) and this order. In addition, the clerk shall return to petitioner a copy of the

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petition.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date

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on which the petition was served to answer or otherwise respond to the petition. If respondents file

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and serve an answer, then they shall comply with Rule 5 of the Rules Governing Section 2254 Cases

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in the United States District Courts, and then petitioner shall have forty-five (45) days from the date

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on which the answer is served to file a reply.

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IT IS FURTHER ORDERED that any exhibits filed by the parties shall be filed with a

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separate index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments

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that are filed further shall be identified by the number or numbers (or letter or letters) of the exhibits

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in the attachment. The hard copy of any additional state court record exhibits shall be

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forwarded—for this case—to the staff attorneys in Las Vegas.

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IT IS FURTHER ORDERED that henceforth, petitioner shall serve upon respondents or, if

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appearance has been entered by counsel, upon the attorney(s), a copy of every pleading, motion or

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other document submitted for consideration by the court. Petitioner shall include with the original

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paper submitted for filing a certificate stating the date that a true and correct copy of the document

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was mailed to the respondents or counsel for the respondents. The court may disregard any paper

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received by a district judge or magistrate judge that has not been filed with the clerk, and any paper

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received by a district judge, magistrate judge, or the clerk that fails to include a certificate of service.

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DATED: August 6, 2014.

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_________________________________
JAMES C. MAHAN
United States District Judge

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