Villalobos v. Williams et al

Filing 4

ORDER Denying Petitioner's 1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk of the Court shall file the Petition for Writ of Habeas Corpus along with the Memorandum in Support of the Petition. The Clerk of the Cour t shall add Adam Paul Laxalt Attorney General of the State of Nevada as counsel for Respondents. Respondents have 45 days from the date on which the petition is served upon them to appear in this action and to answer or otherwise respond to the petition. Signed by Judge Richard F. Boulware, II on 6/29/2015. (Copies have been distributed pursuant to the NEF - Petition and Memorandum mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GONZALO VILLALOBOS,

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Petitioner,

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vs.

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2:14-cv-02029-RFB-GWF

BRIAN E. WILLIAMS, et al.,

ORDER
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Respondents.
_____________________________/

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In this habeas corpus action, the petitioner, Gonzalo Villalobos, filed an application to proceed

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in forma pauperis (ECF No. 1) on December 4, 2014, with a petition for writ of habeas corpus.

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Subsequently, on April 10, 2015, the court received from Villalobos payment of the $5 filing fee for the

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case (ECF No. 3). Therefore, the application to proceed in forma pauperis is moot, and it will be denied

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on that ground.

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Villalobos also filed, along with his habeas corpus petition, a document entitled “Memorandum

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in Support of Petition for Writ of Habeas Corpus § 2254,” in which he actually sets forth the substance

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of his claims for habeas corpus relief. The court construes that memorandum as part of Villalobos’

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habeas petition.

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The court has reviewed Villalobos’ petition for a writ of habeas corpus pursuant to Rule 4 of the

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Rules Governing Section 2254 Cases in the United States District Courts. The court will direct the clerk

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of the court to serve the petition upon the respondents, and will require a response.

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IT IS THEREFORE ORDERED that petitioner’s Application to Proceed In Forma Pauperis
(ECF No. 1) is DENIED.

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IT IS FURTHER ORDERED that the clerk of the court shall separately file the petition for writ

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of habeas corpus (including “Part 2” of the petition), as well as the “Memorandum in Support of Petition

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for Writ of Habeas Corpus § 2254,” both of which are currently attached to in forma pauperis

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application at ECF No. 1.

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IT IS FURTHER ORDERED that the clerk of the court shall add Adam Paul Laxalt, Attorney
General of the State of Nevada, as counsel for respondents.

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IT IS FURTHER ORDERED that the clerk of the court shall electronically serve upon

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respondents a copy of the petition for writ of habeas corpus (including “Part 2” of the petition), the

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“Memorandum in Support of Petition for Writ of Habeas Corpus § 2254,” and this order.

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IT IS FURTHER ORDERED that the clerk of the court shall return to the petitioner a copy of

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the petition for writ of habeas corpus (including “Part 2” of the petition) and the “Memorandum in

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Support of Petition for Writ of Habeas Corpus § 2254.”

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IT IS FURTHER ORDERED that respondents shall have 45 days from the date on which the

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petition is served upon them to appear in this action, and to answer or otherwise respond to the petition.

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Respondents shall, in the initial responsive pleading, whether it be a motion or an answer, raise all

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potential procedural defenses, including lack of exhaustion and procedural default.

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DATED this 29th day of June, 2015.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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