Ocegueda v. Nevens

Filing 15

ORDER Respondent's answer due 8/3/2018. Signed by Judge Andrew P. Gordon on 6/19/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 ANA OCEGUEDA,

Case No. 2:17-cv-00267-APG-GWF

4 Petitioner,

ORDER

5 v.
6 WARDEN NEVEN, et al.,
7 Respondents.
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I have reviewed the petitioner’s first amended petition (ECF No. 13) under Rule 4 of the

10 Rules Governing Section 2254 Cases in the United States District Courts. I will direct the
11 respondents to file a response.
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IT IS THEREFORE ORDERED that the respondents will have until August 3, 2018 to

13 answer or otherwise respond to the first amended petition (ECF No. 13). The respondents must
14 raise all potential affirmative defenses in the initial responsive pleading, including lack of
15 exhaustion and procedural default. Successive motions to dismiss will not be entertained.
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IT IS FURTHER ORDERED that if the respondents file an answer, then they must

17 comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District
18 Courts, and then the petitioner will have 45 days from the date on which the answer is served to
19 file a reply.
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IT IS FURTHER ORDERED that if the respondents file a motion, then petitioner will

2 have 14 days from the date of service of the motion to file a response to the motion. The
3 Respondents then will have seven days from the date of service of the response to file a reply.
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DATED this 19th day of June, 2018.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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