Bacon v. Williams et al

Filing 4

ORDER the Clerk shall FILE and ELECTRONICALLY SERVE the petition (ECF No. 1) upon the respondents. FURTHER ORDERED that the Clerk of Court SHALL SEND petitioner a copy of the filed petition. FURTHER ORDERED that the Clerk of Court SHALL ADD Nevada A ttorney General Adam Paul Laxalt to the CM/ECF docket sheet as counsel for respondents. 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 10/25/17. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
9

PERCY LAVAE BACON,

10

Petitioner,

11

vs.

12

Case No. 2:15-cv-2466-RFB-VCF

ATTORNEY GENERAL OF THE STATE
OF NEVADA, et al.,

ORDER

13
Respondents.
14
15
16

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

17

by a Nevada state prisoner. Petitioner has paid the filing fee for this action. (ECF No. 3). The Court

18

has reviewed the habeas petition, and it shall be served on respondents. Respondents shall file a

19

response to the petition, as set forth at the conclusion of this order.

20
21
22
23
24
25

IT IS THEREFORE ORDERED that the Clerk shall FILE and ELECTRONICALLY
SERVE the petition (ECF No. 1) upon the respondents.
IT IS FURTHER ORDERED that the Clerk of Court SHALL SEND petitioner a copy of the
filed petition.
IT IS FURTHER ORDERED that the Clerk of Court SHALL ADD Nevada Attorney General
Adam Paul Laxalt to the CM/ECF docket sheet as counsel for respondents.

26

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

27

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

28

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

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

Division of the Clerk of Court.

10
DATED this 25th day of October, 2017.
11
12
13
14

RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-