Budd v. Baker et al

Filing 42

ORDER Granting 41 Motion for Leave to File Second Amended Petition. Second Amended Petition due by 9/3/2019 (see Order for additional deadlines). Signed by Judge Richard F. Boulware, II on 7/3/2019. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GLENFORD BUDD,

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Petitioner,

Case No. 2:16-cv-00613-RFB-BNW
ORDER

v.
RENEE BAKER, et al.,
Respondents.

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Petitioner has filed a motion for leave of court to file second amended petition (ECF No.
41). Good cause appearing;

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IT THEREFORE IS ORDERED that petitioner’s motion for leave of court to file second

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amended petition (ECF No. 41) is GRANTED. Petitioner will have through September 3, 2019,

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to file and serve a second amended petition.

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

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of service of the second amended petition to answer or otherwise respond to the second amended

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petition. Respondents must raise all potential affirmative defenses in the initial responsive

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pleading, including lack of exhaustion and procedural default. The court will not entertain

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successive motions to dismiss.

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IT FURTHER IS ORDERED that if respondents file and serve an answer, then they must

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comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District

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Courts, and then petitioner will have forty-five (45) days from the date on which the answer is

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served to file a reply.

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IT FURTHER IS ORDERED that if respondents file and serve a motion, then petitioner

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will have twenty-eight (28) days from the date of service of the motion to file a response to the

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motion. Respondents then will have fourteen (14) days from the date of service of the response to

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file a reply.

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DATED: July 3, 2019.

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______________________________
RICHARD F. BOULWARE, II
United States District Judge

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