Burton Jr v. Williams et al
Filing
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ORDER granting 12 Motion to Extend Time. Attorney General of the State of Nevada answer due 90 days from entry of this Order; Brian Williams answer due 90 days from entry of this Order; granting 14 Motion to Extend Time. Petitioner shall have 30 days from service of answer to file reply. Signed by Judge Andrew P. Gordon on 10/11/16 nunc pro tunc 7/25/2016 for 12 and 8/23/2016 for 14 . (Copies have been distributed pursuant to the NEF - JM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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THAYER JOSEPH BURTON, JR.,
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Petitioner,
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vs.
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BRIAN WILLIAMS, et al.,
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Respondents.
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____________________________________/
2:16-cv-00521-APG-NJK
ORDER
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On September 13, 2016, petitioner filed an amended petition for writ of habeas corpus in this
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action under 28 U.S.C. § 2254. ECF No. 15. Accordingly, the court shall schedule further
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proceedings.
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IT IS THEREFORE ORDERED that respondents shall file a response to the amended
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petition (ECF No. 15), including potentially a motion to dismiss, within ninety (90) days of the date
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of this order, with any requests for relief by petitioner by motion otherwise being subject to the
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normal briefing schedule under the local rules. Any response filed shall comply with the
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remaining provisions below, which are entered pursuant to Habeas Rule 4.
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IT FURTHER IS ORDERED that any procedural defenses raised by respondents in this
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case shall be raised together in a single consolidated motion to dismiss. Procedural defenses omitted
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from such motion to dismiss will be subject to potential waiver. Respondents shall not file a
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response in this case that consolidates their procedural defenses, if any, with their response on the
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merits, except pursuant to 28 U.S.C. § 2254(b)(2) as to any unexhausted claims clearly lacking
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merit. If respondents do seek dismissal of unexhausted claims under § 2254(b)(2): (a) they shall do
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so within the single motion to dismiss not in the answer; and (b) they shall specifically direct their
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argument to the standard for dismissal under § 2254(b)(2) set forth in Cassett v. Stewart, 406 F.3d
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614, 623-24 (9th Cir. 2005). In short, no procedural defenses, including exhaustion, shall be
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included with the merits in an answer. All procedural defenses, including exhaustion, instead must
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be raised by motion to dismiss.
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IT FURTHER IS ORDERED that, in any answer filed on the merits, respondents shall
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specifically cite to and address the applicable state court written decision and state court record
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materials, if any, regarding each claim within the response as to that claim.
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IT FURTHER IS ORDERED that petitioner shall have thirty (30) days from service of the
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answer, motion to dismiss, or other response to file a reply or opposition, with any other requests for
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relief by respondents by motion otherwise being subject to the normal briefing schedule under the
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local rules.
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IT FURTHER IS ORDERED that any additional state court record exhibits filed herein by
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either petitioner or respondents shall be filed with a separate index of exhibits identifying the
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exhibits by number. The CM/ECF attachments that are filed further shall be identified by the
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number or numbers of the exhibits in the attachment. The hard copy of any additional state court
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record exhibits shall be forwarded – for this case – to the staff attorneys in Reno.
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IT IS FURTHER ORDERED that petitioner’s motions for an extension of time within
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which to file an amended petition (ECF Nos. 12 and 14) are GRANTED nunc pro tunc as of their
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respective filing dates.
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Dated this 11th day of October, 2016.
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UNITED STATES DISTRICT JUDGE
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