Harris v. Williams et al

Filing 7

Scheduling ORDER. Amended Petition due by 10/12/2016.Attorney General of the State of Nevada answer due 12/12/2016; Brian E Williams answer due 12/12/2016. Signed by Judge Jennifer A. Dorsey on 7/12/16. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Brandon Kale Harris,
2:16-cv-01305-JAD-CWH

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Petitioner
Scheduling Order

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v.

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Brian Williams, et al.,

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Respondents

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On June 14, 2016, I granted Brandon Kale Harris’s application for leave to proceed in forma

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pauperis and motion for appointment of counsel and appointed the Federal Public Defender to

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represent Harris in this § 2254 action.1 I ordered the FPD to file a notice of appearance (or notify the

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court of its inability to represent Harris) by July 4, 2016, and directed counsel for respondents to file

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notice of appearance by that date. Counsel for both parties have appeared, so I now issue this

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scheduling order:

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Amended Petition. If petitioner wishes to file an amended petition in this action, he must do

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so by October 12, 2016. The amended petition must state whether each ground for relief has been

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exhausted in state court; for each claim that has been exhausted in state court, the amended petition

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must state how, when, and where that occurred.

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Response to Petition. Respondents will have 60 days from receipt of the amended petition to

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file and serve an answer or other response to the amended petition. If petitioner does not file an

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amended petition, respondents will have until December 12, 2016, to file and serve an answer or

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other response to the original petition.

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Reply. Petitioner will have 45 days following service of an answer to file and serve a reply.
Respondents will then have 30 days from receipt of the reply to file and serve a response to the reply.

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ECF No. 3.
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Briefing of Motion to Dismiss. If respondents file a motion to dismiss, petitioner will have

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60 days following service of the motion to file and serve a response to the motion. Respondents will

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then have 30 days following service of the response to file and serve a reply.

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Discovery. If petitioner wishes to move for leave to conduct discovery, he must file and

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serve that motion concurrently with, but separately from, the response to respondents’ motion to

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dismiss or the reply to respondents’ answer. Any motion for leave to conduct discovery filed by

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petitioner before that time may be considered premature, and it may be denied without prejudice on

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that basis. Respondents’ response to any motion for leave to conduct discovery must be filed

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concurrently with, but separately from, their reply in support of their motion to dismiss or their

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response to petitioner’s reply. Petitioner will then have 20 days to file and serve a reply in support of

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his discovery motion.

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Evidentiary Hearing. If petitioner wishes to request an evidentiary hearing, he must file and

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serve a motion for an evidentiary hearing concurrently with, but separately from, the response to

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respondents’ motion to dismiss or the reply to respondents’ answer. Any motion for an evidentiary

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hearing filed by petitioner before that time may be considered premature, and it may be denied

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without prejudice on that basis. The motion for an evidentiary hearing must specifically address why

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an evidentiary hearing is required and must meet the requirements of 28 U.S.C. § 2254(e). The

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motion must state whether an evidentiary hearing was held in state court, and, if so, identify where

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the transcript is located in the record. If petitioner files a motion for an evidentiary hearing,

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respondents’ response to that motion must be filed concurrently with, but separately from, their reply

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in support of their motion to dismiss or their response to petitioner’s reply. Petitioner will then have

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20 days to file and serve a reply in support of the motion for an evidentiary hearing.

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IT IS SO ORDERED.

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DATED July 12, 2016

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_________________________________
_______________ ____
_ ___________ _
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Jennifer A. Dorsey
ennifer A. Dorsey
n
e
United States District Judge
ed States District Jud
d
strict
t

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