Barnes v. Nevens et al

Filing 17

ORDER that 15 Motion to Extend Time to File an Amended Petition is GRANTED. FURTHER ORDERED that 16 Motion to Extend Time in which to File a Motion for Stay, if deemed necessary, is GRANTED. FURTHER ORDERED that petitioner shall have sixty (60 ) days from the date of entry of this order, to FILE AND SERVE on respondents an amended petition for writ of habeas corpus, which shall include all known grounds for relief (both exhausted and unexhausted). Petitioner shall have sixty (60) days fro m the date of entry of this order to FILE AND SERVE on respondents a motion for a stay, if deemed necessary. FURTHER ORDERED that respondents shall have thirty (30) days after service of an amended petition within which to answer, or otherwise resp ond to, the amended petition. If petitioner does not file an amended petition, respondents shall have thirty (30) days from the date on which the amended petition is due within which to answer, or otherwise respond to, petitioners original petit ion. If petitioner files a motion for a stay, the motion shall be briefed by the parties pursuant to Rule 7-2 of the Local Rules of Civil Practice. FURTHER ORDERED that the Clerk of Court SHALL MODIFY the docket to indicate petitioner's couns el of record is the Federal Public Defender's Office, as indicated on the noticeof appearance. FURTHER ORDERED that petitioner shall file no further pro se documents and shall proceed by and through appointed counsel. Signed by Judge Richard F. Boulware, II on 7/8/16. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
9

DEMAR RAHYMES BARNES,

10

Petitioner,

11

vs.

12

D.W. NEVEN, et al.,

13

Case No. 2:14-cv-01946-RFB-PAL

Respondents.

ORDER

14
15

This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a

16

Nevada state prisoner represented by counsel. By order filed March 31, 2016, the Court denied

17

respondents’ motion to dismiss without prejudice. (ECF No. 11). The Court also appointed the Federal

18

Public Defender’s Office to represent petitioner in this case. (Id.). The Court directed petitioner’s

19

counsel to file an amended petition within sixty days and directed respondents to file a response (motion

20

to dismiss or answer) to the amended petition within thirty days from the filing of the amended petition.

21

(Id.). The Court denied petitioner’s motion for a stay, without prejudice to bringing another motion for

22

a stay within thirty days. (Id.). On April 15, 2016, attorney Jason F. Carr of the Federal Public

23

Defender’s Office filed a notice of appearance on behalf of petitioner. (ECF No. 12).

24

Through counsel, petitioner has filed a motion for an extension of time in which to file an

25

amended petition. (ECF No. 15). Also through counsel, petitioner has filed a motion for an extension

26

of time in which to file, if deemed necessary, a motion for stay. (ECF No. 16). Good cause appearing,

27

petitioner’s motions extensions are granted, and the Court makes further orders, as set forth below.

28

1
2
3
4

IT IS THEREFORE ORDERED that petitioner’s motion for an extension of time in which
to file an amended petition (ECF No. 15) is GRANTED.
IT IS FURTHER ORDERED that petitioner’s motion for an extension of time in which to file
a motion for stay, if deemed necessary, (ECF No. 16) is GRANTED.

5

IT IS FURTHER ORDERED that counsel for petitioner shall meet with petitioner as soon as

6

reasonably possible, if counsel has not already done so, to: (a) review the procedures applicable in cases

7

under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as possible, the potential

8

grounds for habeas corpus relief in petitioner’s case; and (c) advise petitioner that all possible grounds

9

for habeas corpus relief must be raised at this time in this action and that the failure to do so will likely

10

result in any omitted grounds being barred from future review.

11

IT IS FURTHER ORDERED that petitioner shall have sixty (60) days from the date of entry

12

of this order, to FILE AND SERVE on respondents an amended petition for writ of habeas corpus,

13

which shall include all known grounds for relief (both exhausted and unexhausted). Petitioner shall

14

have sixty (60) days from the date of entry of this order to FILE AND SERVE on respondents a

15

motion for a stay, if deemed necessary.

16

IT IS FURTHER ORDERED that respondents shall have thirty (30) days after service of an

17

amended petition within which to answer, or otherwise respond to, the amended petition. If petitioner

18

does not file an amended petition, respondents shall have thirty (30) days from the date on which the

19

amended petition is due within which to answer, or otherwise respond to, petitioner’s original petition.

20

If petitioner files a motion for a stay, the motion shall be briefed by the parties pursuant to Rule 7-2 of

21

the Local Rules of Civil Practice.

22
23
24
25

IT IS FURTHER ORDERED that if respondents file a motion to dismiss, the motion shall be
briefed by the parties pursuant to Rule 7-2 of the Local Rules of Civil Practice.
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.

26

IT FURTHER IS ORDERED that any state court record exhibits filed by the parties herein

27

shall be filed with an index of exhibits identifying the exhibits by number or letter. The CM/ECF

28
-2-

1

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

2

the exhibits in the attachment.

3

IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of all

4

exhibits presented in support of the amended petition and the response to the amended petition to the

5

Reno Division of this Court. Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia St.,

6

Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the outside of the mailing address

7

label.

8

IT IS FURTHER ORDERED that the Clerk of Court SHALL MODIFY the docket to

9

indicate petitioner’s counsel of record is the Federal Public Defender’s Office, as indicated on the notice

10
11
12

of appearance.
IT IS FURTHER ORDERED that petitioner shall file no further pro se documents and shall
proceed by and through appointed counsel.

13
14

Dated this 8th day of July, 2016.

15
16
17

RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

18
19
20
21
22
23
24
25
26
27
28
-3-