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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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TONY ONTIA BROWN,
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Petitioner,
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vs.
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TIMOTHY FILSON, et al.,
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Respondents.
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____________________________________/

2:17-cv-00387-GMN-CWH
ORDER

On September 5, 2017, the Federal Public Defender (FPD) filed a notice of appearance on

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

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shall schedule further proceedings.

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

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

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chooses.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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record exhibits shall be forwarded – for this case – to the staff attorneys in Reno.

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Dated this ______ day of September, 2017.

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UNITED STATES DISTRICT JUDGE
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