Edwards v. Williams et al

Filing 20

SCHEDULING ORDER. IT IS HEREBY ORDERED that Respondents have until 9/8/2020, to answer or otherwise respond to 19 the Second Amended Petition for Writ of Habeas Corpus, including any motion to dismiss. See Order for details/deadlines. Signed by Judge Jennifer A. Dorsey on 7/9/2020. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAREAL EDWARDS,

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Case No. 2:15-cv-00673-JAD-NJK
Petitioner,

v.

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Scheduling Order

WARDEN HOWELL, et al.,

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Respondents.

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On September 28, 2017, I administratively closed this action while Petitioner Jareal

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Edwards exhausted his unexhausted claims in state court. 1 Edwards completed his state-court

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proceedings and filed a new habeas petition. 2 I construed the new petition as a request to reopen

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this habeas case and file an amended petition. 3 As I instructed, the Clerk of Court reopened this

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case, filed the new petition in this case, and designated it as Edwards’s Second Amended Petition

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for Writ of Habeas Corpus. 4 The following scheduling order will now govern this habeas matter:

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IT IS HEREBY ORDERED that:

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1. Respondents have until September 8, 2020, to answer or otherwise respond to the

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Second Amended Petition for Writ of Habeas Corpus (ECF No. 19), including any

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motion to dismiss.

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2. Petitioner will then have 60 days from the date of service of an answer to file a reply

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brief. However, the response and reply time to any motion filed by either party,

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including a motion filed instead of a pleading, will be governed by Local Rule 7-2(b).

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3. Any procedural defenses that respondents raise to the second amended petition must

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be raised together in a single, consolidated motion to dismiss. In other words, the

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court does not wish to address any procedural defenses either in seriatim fashion in

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ECF No. 15.

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See Case No. 2:20-cv-00520-JAD-DJA.

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ECF No. 18.

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ECF No. 19.

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multiple successive motions to dismiss or embedded in the answer. Procedural

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defenses omitted from such motion to dismiss will be subject to potential waiver.

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4. Respondents may not file a response in this case that consolidates their procedural

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defenses, if any, with their response on the merits, except as permitted by 28 U.S.C.

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§ 2254(b)(2) as to any unexhausted claims clearly lacking merit. If respondents do

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seek dismissal of unexhausted claims under § 2254(b)(2), they must do so within the

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single motion to dismiss, not in the answer, and specifically direct their argument to

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the standard for dismissal under § 2254(b)(2) set forth in Cassett v. Stewart, 406 F.3d

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614, 623–24 (9th Cir. 2005). In short, no procedural defenses, including exhaustion,

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will be included with the merits in an answer. All procedural defenses, including

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exhaustion, instead must be raised by motion to dismiss.

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5. In any answer filed on the merits, respondents must specifically cite to and address

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the applicable state-court written decision and state-court record materials, if any,

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regarding each claim within the response as to that claim.

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6. Respondents must file a set of state court exhibits relevant to the response to the
second amended petition. Those exhibits must be filed chronologically.
7. Any state-court record or exhibits must be filed in accordance with LR IA 10-3 and

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LR IC 2-2 and include a separate index identifying each additional exhibit by number

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or letter. The index must be filed in CM/ECF’s document-upload screen as the base

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document to receive the base docket number (e.g., ECF No. 10). Each exhibit will

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then be filed as an “attachment” to the base document—the index—to receive a

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sequenced sub-docket number (e.g., Exhibit 1 (ECF No. 10-1), Exhibit 2 (ECF

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No. 10-2), Exhibit 3 (ECF No. 10-3), and so forth). The purpose of this provision is

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to allow this court and any reviewing court to quickly determine from the face of the

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electronic docket sheet which numbered exhibits are filed in which attachments. If

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the exhibits will span more than one filing, the base document in each successive

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filing must be either a copy of the index or volume cover page. See LR IC 2-

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2(a)(3)(A).

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8. For this case, respondents are not required to deliver a paper copy of any exhibits

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to the court.

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Dated: July 9, 2020

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U.S. District Judge Jennifer A. Dorsey

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