Melendez v. Neven

Filing 5

ORDER. IT IS HEREBY ORDERED that the Clerk of Court is instructed to SERVE 1 Petition on respondents and add Attorney General Adam Paul Laxalt as counsel for respondents. IT IS FURTHER ORDERED that respondents must answer or otherwise respond to the petition by September 25, 2016. Signed by Judge Jennifer A. Dorsey on 8/10/2016. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Manuel Melendez,
2:15-cv-02076-JAD-VCF

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Petitioner
Order Directing Service on
Respondents and Setting Briefing
Schedule

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v.

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Dwight Neven, et al.,

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Respondents

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Manuel Melendez, who is represented by counsel, brings this § 2254 petition to challenge his

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Nevada state court conviction and sentence. I have reviewed Melendez’s petition, find that it

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warrants service on respondents, and issue this briefing schedule:

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IT IS HEREBY ORDERED that the Clerk of Court is instructed to SERVE the petition

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[ECF No. 1] on respondents and add Attorney General Adam Paul Laxalt as counsel for

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respondents.

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IT IS FURTHER ORDERED that respondents must answer or otherwise respond to the

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petition by September 25, 2016. Respondents must raise all potential affirmative defenses in the

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initial responsive filing, including lack of exhaustion and procedural default. Successive motions to

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dismiss will not be entertained. If respondents file an answer, it must comply with the requirements

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of Rule 5 of the Rules Governing § 2254 cases in United States district courts. If respondents file an

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answer, Melendez will have 45 days from service of the answer to file a reply.

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IT IS FURTHER ORDERED that any state-court record exhibits must be filed with a

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separate index of exhibits identifying each by number or letter. A hard copy of all state-court record

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exhibits must be forwarded to the staff attorneys in the Reno Division of this court.

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The court disfavors the filing of duplicate exhibits in habeas corpus cases. The parties are

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encouraged to use one set of exhibits, and either party may refer to any exhibits that have been filed

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in the case by that party or by any other party.

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August 10, 2016

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_________________________________
____________________
_ ______ _ _
Jennifer A. Dorsey
nnifer A
fe
fe
y
United States District Judge
ited States District Judg
ta
ict

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