McLellan v. Baker et al

Filing 2

ORDER. IT IS THEREFORE ORDERED that the clerk of the court shall add Adam Paul Laxalt, Attorney General for the State of Nevada, as counsel for respondents. IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a copy o f the petition and this order. In addition, the clerk shall return to petitioner a copy of the petition. IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date on which the petition was served to answer or otherwise respond to the petition. Signed by Judge James C. Mahan on 5/25/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CURT MCLELLAN,

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Petitioner,

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vs.

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Case No. 2:16-cv-03038-JCM-CWH

RENEE BAKER, et al.,

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ORDER

Respondents.

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Petitioner has filed a petition for a writ of habeas corpus. The court has reviewed it pursuant

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to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. The

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court will serve the petition upon respondents for a response.

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IT IS THEREFORE ORDERED that the clerk of the court shall add Adam Paul Laxalt,
Attorney General for the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a

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copy of the petition and this order. In addition, the clerk shall return to petitioner a copy of the

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petition.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date

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on which the petition was served to answer or otherwise respond to the petition. Respondents shall

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raise all potential affirmative defenses in the initial responsive pleading, including untimeliness,

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lack of exhaustion, and procedural default. Successive motions to dismiss will not be entertained.

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If respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing

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Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five

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(45) days from the date on which the answer is served to file a reply. If respondents file a motion,

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then the briefing schedule of Local Rule LR 7-2 shall apply.

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IT IS FURTHER ORDERED that any exhibits filed by the parties shall be filed with a

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separate index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments

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that are filed further shall be identified by the number or numbers (or letter or letters) of the exhibits

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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 Las Vegas. The court otherwise waives

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compliance with Local Rule LR IA 10-3(e) with regard to the exhibits.

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IT IS FURTHER ORDERED that henceforth, petitioner shall serve upon respondents or, if

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appearance has been entered by counsel, upon the attorney(s), a copy of every pleading, motion or

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other document submitted for consideration by the court. Petitioner shall include with the original

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paper submitted for filing a certificate stating the date that a true and correct copy of the document

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was mailed to the respondents or counsel for the respondents. The court may disregard any paper

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received by a district judge or magistrate judge that has not been filed with the clerk, and any paper

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received by a district judge, magistrate judge, or the clerk that fails to include a certificate of service.

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DATED: May 25, 2017.

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_________________________________
JAMES C. MAHAN
United States District Judge

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