Mosby v. Baker et al

Filing 23

ORDER Directing Response. IT IS HEREBY ORDERED that respondents have until 2/25/17, to answer or otherwise respond to 21 the second-amended petition. Signed by Judge Jennifer A. Dorsey on 1/10/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Marvin Dwayne Mosby,

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Petitioner

2:13-cv-01625-JAD-GWF
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v.

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Renee Baker, et al.,

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Order Directing Response

Respondents

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I have reviewed Mosby’s second-amended petition under Rule 4 of the Rules Governing

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Section 2254 Cases in the United States District Courts and find that it warrants a response.

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Accordingly,

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IT IS HEREBY ORDERED that respondents have until February 25, 2017, to answer or

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otherwise respond to the second-amended petition [ECF No. 21]. Respondents must 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 respondents file and

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

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the United States District Courts. Petitioner will have 45 days from service of the respondents’

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answer to file a reply. If respondents file a motion, then the briefing schedule of Local Rule 7-2 will

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apply.

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Dated this 10th day of January, 2017.
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Jennifer A. Dorsey
nnifer A Dorsey
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United States District Judge
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Judge
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