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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Marvin Dwayne Mosby, 5 Petitioner 2:13-cv-01625-JAD-GWF 6 v. 7 Renee Baker, et al., 8 Order Directing Response Respondents 9 10 I have reviewed Mosby’s second-amended petition under Rule 4 of the Rules Governing 11 Section 2254 Cases in the United States District Courts and find that it warrants a response. 12 Accordingly, 13 IT IS HEREBY ORDERED that respondents have until February 25, 2017, to answer or 14 otherwise respond to the second-amended petition [ECF No. 21]. Respondents must 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 respondents file and 17 serve an answer, then they must comply with Rule 5 of the Rules Governing Section 2254 Cases in 18 the United States District Courts. Petitioner will have 45 days from service of the respondents’ 19 answer to file a reply. If respondents file a motion, then the briefing schedule of Local Rule 7-2 will 20 apply. 21 22 23 24 25 26 27 28 Dated this 10th day of January, 2017. _________________________________ _______________________ __ __ ___ ____ _ _ Jennifer A. Dorsey nnifer A Dorsey fe fe e United States District Judge nited States d tate Judge u

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