Carley v. Nevens et al

Filing 26

ORDER granting 21 Motion to Seal; granting 23 Motion to partially waive Local Rule IA; Answer to Amended Petition due by 7/20/2017. Signed by Judge Jennifer A. Dorsey on 6/5/2017. (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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ELIZABETH CARLEY,

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Petitioner

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WARDEN NEVENS, et al.,

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ORDER

vs.

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Case No. 2:16-cv-02227-JAD-PAL

Respondents

ECF No. 21, 23

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Petitioner has filed an amended petition (ECF No. 12). The court has reviewed it in

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accordance with Rule 4 of the Rules Governing Section 2254 Cases in the United States District

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Courts. The court will direct respondents to file a response.

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Petitioner also has filed a motion for leave to file exhibits under seal (ECF No. 21) and a

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motion to partially waive Local Rule IA 10-3(e) (ECF No. 23). The court finds good cause and

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grants these motions.

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IT IS THEREFORE ORDERED that respondents have until July 20, 2017, to answer

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or otherwise respond to the amended petition (ECF No. 12). Respondents must raise all potential

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affirmative defenses in the initial responsive pleading, including lack of exhaustion and

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procedural default. Successive motions to dismiss will not be entertained. If respondents file

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and serve an answer, they must comply with Rule 5 of the Rules Governing Section 2254 Cases

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in the United States District Courts, and then petitioner will have 45 days from the date on which

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the answer is served to file a reply. If respondents file a motion, then the briefing schedule of

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Local Rule LR 7-2 will apply.

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Good cause appearing, IT IS FURTHER ORDERED that petitioner’s motion for leave to
file exhibits under seal (ECF No. 21) is GRANTED.
Good cause appearing, IT IS FURTHER ORDERED that petitioner’s motion to partially
waive Local Rule IA 10-3(e) (ECF No. 23) is GRANTED.
DATED: June 5, 2017
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Jennifer A. Dorsey
er A Dorsey
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United States District Judge
States District Judge
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