Carley v. NDOC/FMWCC et al

Filing 55

ORDER granting 54 Motion to Reopen Case; Respondents will have forty-five (45) days from the date of entry of this order to answer or otherwise respond to the amended petition. Signed by Judge James C. Mahan on 6/19/2019.; Case reopened. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ELIZABETH K. CARLEY, a.k.a.
MELISSA ARIAS,

ORDER
Petitioner,

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Case No. 2:14-cv-02097-JCM-PAL

v.
JO GENTRY, et al.,
Respondents.

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Petitioner has filed a motion to reopen (ECF No. 54). Respondents have not responded,
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and the court assumes that they do not oppose petitioner’s request. LR 7-2(d). Good cause

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appearing;
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IT THEREFORE IS ORDERED that petitioner’s motion to reopen (ECF No. 54) is

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GRANTED. This action is REINSTATED.
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IT FURTHER IS ORDERED that respondents will have forty-five (45) days from the date
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of entry of this order to answer or otherwise respond to the amended petition (ECF No. 13).
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Respondents must raise all potential affirmative defenses, including lack of exhaustion and
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procedural default, in an initial motion to dismiss. The court will not entertain successive
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motions to dismiss.
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IT FURTHER IS ORDERED that if respondents file and serve an answer, then they must

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comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District

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Courts, and then petitioner will have forty-five (45) days from the date on which the answer is

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served to file a reply.

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IT FURTHER IS ORDERED that if respondents file and serve a motion, then petitioner

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will have forty-five (45) days from the date of service of the motion to file a response to the

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motion. Respondents then will have twenty-one (21) days from the date of service of the

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response to file a reply.

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DATED: June 19, 2019.

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______________________________
JAMES C. MAHAN
United States District Judge

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