Jardine v. Williams et al

Filing 14

ORDER granting 12 Motion to Extend Time; FPD shall have forty-five days from the date of entry of this order to file an amended petition for writ of habeas corpus. FURTHER ORDERED that respondents shall file a response to the petition, incl uding potentially a motion to dismiss, within ninety days of the date on which the petitioner files an amended petition (see order for details). Signed by Judge Richard F. Boulware, II on 1/8/2018 nunc pro tunc 1/2/2018. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
8
HECTOR LEONARD JARDINE,
9
10
11
12
13
14

)
)
Petitioner,
)
)
vs.
)
)
BRIAN WILLIAMS, et al.,
)
)
Respondents.
)
____________________________________/

2:16-cv-02637-RFB-NJK
ORDER

On January 5, 2018, the Federal Public Defender (FPD) filed a notice of appearance on behalf

15

of the petitioner in this action under 28 U.S.C. § 2254. ECF No. 13. Accordingly, the court shall

16

schedule further proceedings.

17

IT IS THEREFORE ORDERED that the FPD shall have forty-five (45) days from the

18

date of entry of this order to file an amended petition for writ of habeas corpus, if counsel so

19

chooses.

20

IT IS FURTHER ORDERED that respondents shall file a response to the petition,

21

including potentially a motion to dismiss, within ninety (90) days of the date on which the petitioner

22

files an amended petition or the date on which the period for filing an amended petition expires, with

23

any requests for relief by petitioner by motion otherwise being subject to the normal briefing

24

schedule under the local rules. Any response filed shall comply with the remaining provisions below

25

and Rule 5 of the Rules Governing Habeas Corpus Cases Under Section 2254.

26

1

IT IS FURTHER ORDERED that if respondents file an answer, petitioner shall have sixty

2

(60) days from the date on which the answer is served on him to file and serve a reply. If

3

respondents file a motion to dismiss, petitioner shall have sixty (60) days from the date on which the

4

motion is served on him to file and serve a response to the motion to dismiss, and respondents shall,

5

thereafter, have thirty (30) days to file a reply in support of the motion.

6

IT IS FURTHER ORDERED that any additional state court record exhibits filed herein by

7

either petitioner or respondents shall be filed with a separate index of exhibits identifying the

8

exhibits by number. The CM/ECF attachments that are filed further shall be identified by the

9

number or numbers of the exhibits in the attachment. The hard copy of any additional state court

10
11
12
13

record exhibits shall be forwarded – for this case – to the staff attorneys in Reno.
IT IS FURTHER ORDERED that petitioner’s motion for extension of time (ECF No. 12)
is GRANTED nunc pro tunc as of January 2, 2018.
DATED this 8th day of January, 2018.

14
15
16

RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26

2