Denson v. Neven et al

Filing 12

ORDER. IT IS THEREFORE ORDERED that Respondents shall have 90 days from the date of entry of this Order to Answer or otherwise respond to the Petition for Writ of Habeas Corpus 4 .IT IS FURTHER ORDERED that if Respondents file an Answer, Petitio ner shall have 60 days to file a reply. If Respondents file a Motion to Dismiss, Petitioner shall have 60 days to file a response to the Motion to Dismiss, and Respondents shall, thereafter, have 30 days to file a reply insupport of the motion. Signed by Judge Andrew P. Gordon on 1/19/16. (Copies have been distributed pursuant to the NEF - PS)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8

RICHARD DENSON,

9

Petitioner,
2:15-cv-01473-APG-PAL

10

vs.

11

DWIGHT NEVEN, et al.,

ORDER
12
13

Respondents.
_____________________________/

14
15

This action is a petition for writ of habeas corpus by Nevada prisoner Richard Denson.

16

On August 17, 2015, Denson submitted an application to proceed in forma pauperis (ECF No. 1),

17

a petition for a writ of habeas corpus (ECF No. 4), and a motion for appointment of counsel (ECF

18

No. 2). On August 4, 2015, finding Denson able to pay the filing fee, the court denied his

19

application to proceed in forma pauperis and ordered him to pay the filing fee within 30 days (ECF

20

No. 3). Denson did not pay the filing fee within the time allowed; therefore, on September 16, 2015,

21

the court denied Denson’s motion for appointment of counsel, dismissed his action, and ordered

22

judgment entered (ECF Nos. 5, 6). The court ordered the September 16, 2015 order, along with a

23

copy of Denson’s habeas petition, served on respondents (ECF No. 5). On October 5, 2015, Denson

24

filed a motion for reconsideration (ECF No. 7), requesting more time to pay the filing fee. On

25

November 6, 2015, the court granted the motion for reconsideration, ordered the judgment vacated,

26

and granted Denson more time to pay the filing fee for this action (ECF No. 8).

1

Respondents appeared in this action on November 16, 2015 (ECF No. 9).

2

On January 8, 2016, Denson paid the filing fee for this action (ECF No. 11).

3

The Court has reviewed Denson’s petition for writ of habeas corpus (ECF No. 4), pursuant to

4

Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, and

5

determines that it merits a response by respondents.

6

IT IS THEREFORE ORDERED that respondents shall have 90 days from the date of entry

7

of this order to answer or otherwise respond to the petition for writ of habeas corpus (ECF No. 4).

8

IT IS FURTHER ORDERED that if respondents file an answer, petitioner shall have 60

9

days to file a reply. If respondents file a motion to dismiss, petitioner shall have 60 days to file a

10

response to the motion to dismiss, and respondents shall, thereafter, have 30 days to file a reply in

11

support of the motion.

12

Dated: January 19, 2016.

13
14
UNITED STATES DISTRICT JUDGE
15
16
17
18
19
20
21
22
23
24
25
26

2