Brown v. Baker et al

Filing 14

ORDER that the FPD shall have forty-five (45) 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 (see order for details). F URTHER ORDERED that any additional state court record exhibits filed herein by either petitioner or respondents shall be filed with a separate index. Signed by Chief Judge Gloria M. Navarro on 9/11/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 TONY ONTIA BROWN, 11 12 13 14 15 16 ) ) Petitioner, ) ) vs. ) ) TIMOTHY FILSON, et al., ) ) Respondents. ) ____________________________________/ 2:17-cv-00387-GMN-CWH ORDER On September 5, 2017, the Federal Public Defender (FPD) filed a notice of appearance on 17 behalf of the petitioner in this action under 28 U.S.C. § 2254. ECF No. 13. Accordingly, the court 18 shall schedule further proceedings. 19 IT IS THEREFORE ORDERED that the FPD shall have forty-five (45) days from the 20 date of entry of this order to file an amended petition for writ of habeas corpus, if counsel so 21 chooses. 22 IT IS FURTHER ORDERED that respondents shall file a response to the petition, 23 including potentially a motion to dismiss, within ninety (90) days of the date on which the petitioner 24 files an amended petition or the date on which the period for filing an amended petition expires, with 25 any requests for relief by petitioner by motion otherwise being subject to the normal briefing 26 1 schedule under the local rules. Any response filed shall comply with the remaining provisions below 2 and Rule 5 of the Rules Governing Habeas Corpus Cases Under Section 2254. 3 IT IS FURTHER ORDERED that if respondents file an answer, petitioner shall have sixty 4 (60) days from the date on which the answer is served on him to file and serve a reply. If 5 respondents file a motion to dismiss, petitioner shall have sixty (60) days from the date on which the 6 motion is served on him to file and serve a response to the motion to dismiss, and respondents shall, 7 thereafter, have thirty (30) days to file a reply in support of the motion. 8 IT IS FURTHER ORDERED that any additional state court record exhibits filed herein by 9 either petitioner or respondents shall be filed with a separate index of exhibits identifying the 10 exhibits by number. The CM/ECF attachments that are filed further shall be identified by the 11 number or numbers of the exhibits in the attachment. The hard copy of any additional state court 12 record exhibits shall be forwarded – for this case – to the staff attorneys in Reno. 13 11 Dated this ______ day of September, 2017. 14 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 2

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