West v. Williams et al

Filing 12

ORDER that the Clerk shall file the petition for writ of habeas corpus (with attachments) and electronically serve it and a copy of this order on the respondents. The Clerk of the Court shall add Adam Paul Laxalt, Attorney General of the State of N evada, as counsel for respondents. Respondents shall have 60 days from the date of entry of this order to appear in this action and to answer or otherwise respond to the petition. The hard copy of any additional state court record exhibits shall b e forwarded to the staff attorneys in Reno. Petitioner's 2 Motion for Leave to File Excess Pages is Granted and Petitioner's 3 Motion for Leave to Expand the Record is Denied as moot. Signed by Judge Lloyd D. George on 12/10/2015. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
7
8
9
10
11
12

HYRUM JOSEPH WEST,

)
)
Petitioner,
)
)
vs.
)
)
BRIAN WILLIAMS, et al.,
)
)
Respondents.
)
____________________________________/

2:15-cv-01504-LDG-NJK
ORDER

13
14

On August 11, 2015, this court denied petitioner’s motion to proceed in forma pauperis and

15

directed him to pay the filing fee in order to proceed with his petition for writ of habeas corpus

16

pursuant to 28 U.S.C. § 2254. ECF No. 4. He has complied with that order and paid the required

17

fee. ECF No. 10. The court has reviewed the petition pursuant to Habeas Rule 4, and the petition

18

shall be docketed and served.

19

A petition for federal habeas corpus should include all claims for relief of which petitioner is

20

aware. If petitioner fails to include such a claim in his petition, he may be forever barred from

21

seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive petitions). If

22

petitioner is aware of any claim(s) not included in his petition, he should notify the court of that as

23

soon as possible, perhaps by means of a motion to amend his petition to add the claim(s).

24

Petitioner has also filed a motion styled as a “motion for leave of the court to expand the

25

record.” ECF No. 3. With that motion, he asks that all memoranda and exhibits submitted with his

26

petition be included in the record herein. He represents to the court that all the materials are identical

1

to those filed in his state post-conviction proceedings. If so, he is not required to obtain permission

2

from this court to make them part of the record in this case. See Rule 5, Rules Governing Habeas

3

Corpus Cases Under Section 2254. Thus, the motion shall be denied as moot.

4

IT THEREFORE IS ORDERED that the Clerk shall FILE the petition for writ of habeas

5

corpus (with attachments) and ELECTRONICALLY SERVE it and a copy of this order on the

6

respondents.

7
8
9
10
11

IT IS FURTHER ORDERED that the Clerk of the Court shall add Adam Paul Laxalt,
Attorney General of the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that respondents shall have 60 days from the date of entry of
this order to appear in this action, and to answer or otherwise respond to the petition.
IT IS FURTHER ORDERED that if respondents file an answer, petitioner shall have 60

12

days from the date on which the answer is served on him to file and serve a reply. If respondents file

13

a motion to dismiss, petitioner shall have 60 days from the date on which the motion is served on

14

him to file and serve a response to the motion to dismiss, and respondents shall, thereafter, have 30

15

days to file a reply in support of the motion.

16

IT FURTHER IS ORDERED that any additional state court record exhibits filed herein by

17

either petitioner or respondents shall be filed with a separate index of exhibits identifying the

18

exhibits by number. The CM/ECF attachments that are filed further shall be identified by the

19

number or numbers of the exhibits in the attachment. The hard copy of any additional state court

20

record exhibits shall be forwarded – for this case – to the staff attorneys in Reno.

21

IT IS FURTHER ORDERED that petitioner’s motion to file excess pages (ECF No. 2) is

22

GRANTED. Petitioner’s motion for leave to expand the record (ECF No. 3) is DENIED as moot.

23

Dated this ______ day of December, 2015.

24
25
26

UNITED STATES DISTRICT JUDGE
2