Melendez v. Neven et al

Filing 22

ORDER. IT IS ORDERED that respondents must file a response to the amended petition, including any motion to dismiss, within 90 days of this order; the normal briefing schedule under the local rules will apply to any other requests that the petiti oner might file. IT IS FURTHER ORDERED that 16 , 17 petitioner's motions for an extension of time within which to file an amended petition are GRANTED nunc pro tunc to their respective filing dates. Signed by Judge Jennifer A. Dorsey on 2/24/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MAURICIO L. MELENDEZ,

2:16-cv-01003-JAD-CWH

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Petitioner,

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vs.

ORDER SETTING
BRIEFING SCHEDULE

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DWIGHT NEVEN, et al.,

ECF Nos. 16, 17

Respondents.

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On February 24, 2017, petitioner filed an amended petition for writ of habeas corpus in this
action under 28 U.S.C. § 2254. ECF No. 18. Accordingly, the court issues this briefing schedule.
IT IS THEREFORE ORDERED that respondents must file a response to the amended

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petition, including any motion to dismiss, within 90 days of this order; the normal briefing schedule

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under the local rules will apply to any other requests that the petitioner might file. The response

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must comply with the remaining provisions below and Rule 5 of the Rules Governing Habeas

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Corpus Cases Under Section 2254.

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IT IS FURTHER ORDERED that if respondents file an answer, petitioner will have 60

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days from the date the answer is served on him to file and serve a reply; if respondents file a motion

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to dismiss, petitioner will have 60 days from the date the motion is served on him to file and serve a

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response to the motion, and respondents will have 30 days after service of petitioner’s response to

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file a reply in support of the motion to dismiss.

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IT IS FURTHER ORDERED that any additional state-court record exhibits filed in this

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case by either petitioner or respondents must be filed with a separate index of exhibits identifying

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the exhibits by number. The CM/ECF attachments that are filed also must be identified by the

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number(s) of the exhibits in the attachment. The hard copy of any additional state court record

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exhibits must 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. 16 and 17) are GRANTED nunc pro tunc to their

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respective filing dates.

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DATED: 2-24-17

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__________________________________
___________________
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UNITED STATES DISTRICT JUDGE
ED STATES DISTRICT
A
S RI

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