Phillips v. Williams et al

Filing 9

ORDER that the Clerk shall electronically serve the 8 Amended Petition for Writ of Habeas Corpus and a copy of this Order. The Clerk of the Court shall add Adam Paul Laxalt, Attorney General of the State of Nevada as counsel for respondents. Respondents shall file a response to the 8 Amended Petition including potentially a Motion to Dismiss within 60 days of the date of this Order. The hard copy of any additional state court record exhibits shall be forwarded to the staff attorneys in Reno. Signed by Judge James C. Mahan on 3/27/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JAMES CURTIS PHILLIPS,
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Petitioner,

2:16-cv-02709-JCM-PAL

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vs.
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ORDER
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BRIAN WILLIAMS, et al.,

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Respondents.

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This is a habeas corpus proceeding under 28 U.S.C. § 2254 brought by James Curtis Phillips,

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a Nevada prisoner. On January 20, 2017, this court entered a screening order identifying defects in

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Curtis’s initial habeas petition and granting him leave to amend. ECF No. 6. On February 13, 2017,

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Curtis filed an amended petition. ECF No. 8.

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The court has screened the amended petition and concludes that the respondents shall be served

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with the amended petition and directed to respond to it. See Rule 4, Rules Governing § 2254 Cases in

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the U.S. District Courts.

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IT IS THEREFORE ORDERED that the Clerk shall ELECTRONICALLY SERVE the

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amended petition for writ of habeas corpus (ECF No. 8) and a copy of this order on the respondents.

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IT IS FURTHER ORDERED that the Clerk of the Court shall add Adam Paul Laxalt, Attorney

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General of the State of Nevada, as counsel for respondents.

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

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(ECF No. 8), including potentially a motion to dismiss, within sixty (60) days of the date of this order,

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with any requests for relief by petitioner by motion otherwise being subject to thenormal briefing

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schedule under the local rules.

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IT IS FURTHER ORDERED that petitioner shall have thirty (30) days from service of the

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answer, motion to dismiss, or other response to file a reply or opposition, with any other requests for

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relief by respondents by motion otherwise being subject to the normal briefing schedule under the local

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rules.

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

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

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number. The CM/ECF attachments that are filed shall be identified by the number or numbers of the

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exhibits in the attachment. The hard copy of any additional state court record exhibits shall be

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forwarded – for this case – to the staff attorneys in Reno.

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DATED: March 27, 2017.

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__________________________________
UNITED STATES DISTRICT JUDGE

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