Sahagun v. Williams et al

Filing 5

ORDER that the clerk of the court shall file the petition for a writof habeas corpus. Respondents shall have 45 days from the date on which the petition was served to answer or otherwise respond to the petition. Signed by Judge Jennifer A. Dorsey on 9/5/2014. (Copies have been distributed pursuant to the NEF; CC: AG - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JAHUART SAHAGUN,

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Petitioner,

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vs.

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Case No. 2:14-cv-00539-JAD-GWF

BRIAN E. WILLIAMS, et al.,

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ORDER

Respondents.

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Plaintiff has paid the filing fee. The court has reviewed his petition for a writ of habeas

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corpus pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District

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Courts. The court will serve the petition upon respondents for a response.

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IT IS THEREFORE ORDERED that the clerk of the court shall file the petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2254.
IT IS FURTHER ORDERED that the clerk shall add Catherine Cortez Masto, Attorney
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 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 45 days from the date on which

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the petition was served to answer or otherwise respond to the petition. Respondents shall 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 shall comply with Rule 5 of the Rules Governing Section 2254 Cases in

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the United States District Courts, and then petitioner shall have 45 days from the date on which the

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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 from this point forward, petitioner shall serve upon

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

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pleading, motion or other document submitted for consideration by the court. Petitioner shall

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include with the original paper submitted for filing a certificate stating the date that a true and

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correct copy of the document was mailed to the respondents or counsel for the respondents. The

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court may disregard any paper received by a district judge or magistrate judge that has not been

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filed with the clerk, and any paper received by a district judge, magistrate judge, or the clerk that

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fails to include a certificate of service.

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Dated: September 5, 2014.

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_________________________________
JENNIFER A. DORSEY
United States District Judge

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