Denson v. Neven et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RICHARD DENSON,
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Petitioner,
2:15-cv-01473-APG-PAL
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vs.
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DWIGHT NEVEN, et al.,
ORDER
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Respondents.
_____________________________/
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This action is a petition for writ of habeas corpus by Nevada prisoner Richard Denson.
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On August 17, 2015, Denson submitted an application to proceed in forma pauperis (ECF No. 1),
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a petition for a writ of habeas corpus (ECF No. 4), and a motion for appointment of counsel (ECF
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No. 2). On August 4, 2015, finding Denson able to pay the filing fee, the court denied his
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application to proceed in forma pauperis and ordered him to pay the filing fee within 30 days (ECF
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No. 3). Denson did not pay the filing fee within the time allowed; therefore, on September 16, 2015,
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the court denied Denson’s motion for appointment of counsel, dismissed his action, and ordered
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judgment entered (ECF Nos. 5, 6). The court ordered the September 16, 2015 order, along with a
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copy of Denson’s habeas petition, served on respondents (ECF No. 5). On October 5, 2015, Denson
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filed a motion for reconsideration (ECF No. 7), requesting more time to pay the filing fee. On
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November 6, 2015, the court granted the motion for reconsideration, ordered the judgment vacated,
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and granted Denson more time to pay the filing fee for this action (ECF No. 8).
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Respondents appeared in this action on November 16, 2015 (ECF No. 9).
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On January 8, 2016, Denson paid the filing fee for this action (ECF No. 11).
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The Court has reviewed Denson’s petition for writ of habeas corpus (ECF No. 4), pursuant to
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Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, and
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determines that it merits a response by respondents.
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IT IS THEREFORE ORDERED that respondents shall have 90 days from the date of entry
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of this order to answer or otherwise respond to the petition for writ of habeas corpus (ECF No. 4).
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IT IS FURTHER ORDERED that if respondents file an answer, petitioner shall have 60
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days to file a reply. If respondents file a motion to dismiss, petitioner shall have 60 days to file a
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response to the motion to dismiss, and respondents shall, thereafter, have 30 days to file a reply in
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support of the motion.
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Dated: January 19, 2016.
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UNITED STATES DISTRICT JUDGE
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