Mack v. Nevens

Filing 2

ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis. FURTHER ORDERED that respondents shall have forty-five (45) days from the entry of this order within which to answer, or otherwise respond to, the petition. Signed by Judge Richard F. Boulware, II on 2/8/2017. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
9
10

CHRISTOPHER D. MACK,
11
Petitioner,

Case No. 2:15-cv-01728-RFB-GWF

12
vs.

ORDER

13
WARDEN DWIGHT NEVEN, et al.,
14
Respondents.
15
16
17
18

This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254
by a Nevada state prisoner.

19

Petitioner has filed a motion to proceed in forma pauperis. (ECF No. 1). Based on the

20

information regarding petitioner's financial status, the Court finds that the motion to proceed in forma

21

pauperis should be granted. The petition shall now be filed and served on respondents.

22
23

IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (ECF No.
1) is GRANTED.

24

IT IS FURTHER ORDERED that the Clerk shall FILE and ELECTRONICALLY SERVE

25

the petition (ECF No. 1-1) upon the respondents. The Clerk of Court SHALL ADD Nevada Attorney

26

General Adam Paul Laxalt to the CM/ECF docket sheet as counsel for respondents.

27

IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the entry

28

of this order within which to answer, or otherwise respond to, the petition. In their answer or other

1

response, respondents shall address all claims presented in the petition. Respondents shall raise all

2

potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and

3

procedural default. Successive motions to dismiss will not be entertained. If an answer is filed,

4

respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the

5

United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have forty-

6

five (45) days from the date of service of the answer to file a reply.

7

IT IS FURTHER ORDERED that any state court record exhibits filed by respondents shall

8

be filed with a separate index of exhibits identifying the exhibits by number or letter. The hard copy

9

of all state court record exhibits shall be forwarded, for this case, to the staff attorneys in the Reno

10

Division of the Clerk of Court.

11
Dated this 8th day of February, 2017.
12
13
14
15

RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
-2-