Bodden v. Gentry et al

Filing 10

ORDER that counsel for petitioner shall meet with petitioner as soon as reasonably possible, if counsel has not already done so. Petitioner shall have ninety (90) days from the date of this order to FILE AND SERVE on respondents an amended petition f or writ of habeas corpus. Respondents shall have thirty (30) days after service of an amended petition within which to answer, or otherwise respond to, the amended petition. If petitioner does not file an amended petition, respondents shall have thir ty (30) days from the date on which the amended petition is due within which to answer, or otherwise respond to, petitioner's original petition. If and when respondents file an answer, petitioner shall have thirty (30) days after service of the answer to file and serve a reply. FURTHER ORDERED that 8 petitioner's motion to extend time to file notice of representation is GRANTED nunc pro tunc. Signed by Judge Richard F. Boulware, II on 6/30/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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KAREN BODDEN,
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Petitioner,

Case No. 2:14-cv-01968-RFB-NJK

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vs.

ORDER

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JO GENTRY, et al.,
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Respondents.
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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, filed by

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a Nevada state prisoner. On May 8, 2015, this court granted petitioner’s motion for counsel and

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appointed the Federal Public Defender to represent petitioner in this action (ECF #6). On June 17,

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2015, Melanie Gavisk of the Federal Public Defender’s Office appeared on behalf of petitioner (ECF

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#9). The court now sets a schedule for further proceedings in this action.

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

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

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

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

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

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result in any omitted grounds being barred from future review.

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IT IS FURTHER ORDERED that petitioner shall have ninety (90) days from the date of this

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

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

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

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

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

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

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IT IS FURTHER ORDERED that if and when respondents file an answer, petitioner shall

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have thirty (30) days after service of the answer to file and serve a reply.

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

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either petitioner or respondents shall be filed with a separate index of exhibits identifying the exhibits

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by number. The CM/ECF attachments that are filed further shall be identified by the number or

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numbers of the exhibits in the attachment.

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IT FURTHER IS ORDERED that the parties SHALL SEND courtesy copies of all exhibits

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to the Reno Division of this court. While the Local Rules provide that parties should send paper

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courtesy copies of filings over fifty pages, in this instance, courtesy copies may be in paper form

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or as PDF documents saved to a CD–so long as each PDF is clearly identified by exhibit number.

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Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and

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directed to the attention of “Staff Attorney” on the outside of the mailing address label. Additionally,

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in the future, all parties shall provide courtesy copies of any additional exhibits submitted to the court

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in this case, in the manner described above.

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IT IS FURTHER ORDERED that petitioner’s motion to extend time to file notice of
representation (ECF #8) is GRANTED nunc pro tunc.

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DATED this 30th day of June, 2015.

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________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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