Smith v. Baker et al

Filing 13

ORDER: Petitioner shall have 90 days from the entry of this order to file a first amended petition for writ of habeas corpus. Signed by Judge Kent J. Dawson on 6/30/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MONTRAIL D. SMITH,

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Petitioner,

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vs.

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2:15-cv-00487-KJD-VCF

RENEE BAKER, et al.,

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

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Montrail D. Smith, a Nevada prisoner. The court appointed counsel for Smith, and his counsel

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appeared for him on June 25, 2015 (ECF No. 12). Respondents have also appeared in the case

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(ECF No. 11).

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In this order, the court sets a schedule for further proceedings in this action.

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IT IS THEREFORE ORDERED that, petitioner shall have 90 days from the entry of this

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order to file a first amended petition for writ of habeas corpus, if necessary. If petitioner elects not to

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file a first amended petition, he shall file a notice, within that 90-day period, stating that he will not

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file a first amended petition.

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IT IS FURTHER ORDERED that, after petitioner files a first amended petition,

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respondents shall have 60 days from the date on which the first amended petition is filed and served

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to file an answer or other response to the first amended petition. If petitioner elects not to file a first

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amended petition, respondents shall have 60 days from the date on which petitioner files and serves a

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notice of his election in that regard in which to file an answer or other response to petitioner’s

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original petition (ECF No. 10). Respondents shall, in their initial responsive pleading, whether it is a

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motion or an answer, raise all potential procedural defenses, including the statute of limitations,

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failure to exhaust state-court remedies, and procedural default.

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IT IS FURTHER ORDERED that, if respondents file an answer, petitioner shall have
45 days from the date on which the answer is filed and served to file a reply.
IT IS FURTHER ORDERED that, if respondents file a motion to dismiss, petitioner shall
have 30 days after the motion is filed and served to respond to the motion to dismiss, and
respondents shall, thereafter, have 20 days to file a reply in support of the motion.

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Dated this _____ day of June, 2015.
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UNITED STATES DISTRICT JUDGE
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