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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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 MAURICIO L. MELENDEZ, 2:16-cv-01003-JAD-CWH 9 Petitioner, 10 vs. ORDER SETTING BRIEFING SCHEDULE 11 12 13 DWIGHT NEVEN, et al., ECF Nos. 16, 17 Respondents. 14 15 16 17 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 18 petition, including any motion to dismiss, within 90 days of this order; the normal briefing schedule 19 under the local rules will apply to any other requests that the petitioner might file. The response 20 must comply with the remaining provisions below and Rule 5 of the Rules Governing Habeas 21 Corpus Cases Under Section 2254. 22 IT IS FURTHER ORDERED that if respondents file an answer, petitioner will have 60 23 days from the date the answer is served on him to file and serve a reply; if respondents file a motion 24 to dismiss, petitioner will have 60 days from the date the motion is served on him to file and serve a 25 response to the motion, and respondents will have 30 days after service of petitioner’s response to 26 file a reply in support of the motion to dismiss. 27 IT IS FURTHER ORDERED that any additional state-court record exhibits filed in this 28 case by either petitioner or respondents must be filed with a separate index of exhibits identifying 1 the exhibits by number. The CM/ECF attachments that are filed also must be identified by the 2 number(s) of the exhibits in the attachment. The hard copy of any additional state court record 3 exhibits must be forwarded (for this case) to the staff attorneys in Reno. 4 IT IS FURTHER ORDERED that petitioner’s motions for an extension of time within 5 which to file an amended petition (ECF Nos. 16 and 17) are GRANTED nunc pro tunc to their 6 respective filing dates. 7 DATED: 2-24-17 8 9 __________________________________ ___________________ _ _ __ _ _ UNITED STATES DISTRICT JUDGE ED STATES DISTRICT A S RI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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