Azcarate v. Williams et al

Filing 24

ORDER. IT IS ORDERED that respondents will have forty-five (45) days from the date of entry of this order to answer or otherwise respond to 14 the first amended petition. See Order for details/deadlines. Signed by Judge Richard F. Boulware, II on 2/21/2019. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RAY ANTONIO AZCARATE,

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Petitioner,

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Case No. 2:17-cv-02190-RFB-GWF
ORDER

v.
BRIAN WILLIAMS, et al.,

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Respondents.

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Petitioner has filed a notice of no intent to seek leave to file a second amended petition

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(ECF No. 23). Respondents will need to respond to the first amended petition (ECF No. 14).

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IT THEREFORE IS ORDERED that respondents will have forty-five (45) days from the

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date of entry of this order to answer or otherwise respond to the first amended petition (ECF No.

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14). Respondents must raise all potential affirmative defenses in the initial responsive pleading,

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

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entertained.
IT FURTHER IS ORDERED that if respondents file and serve an answer, then they must

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comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District

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Courts. Petitioner then will have forty-five (45) days from the date on which the answer is served

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to file a reply.

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///

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IT FURTHER IS ORDERED that if respondents file and serve a motion, then petitioner

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will have forty-five (45) days from the date of service of the motion to file a response to the

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motion. Respondents then will have twenty-one (21) days from the date of service of the

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response to file a reply.

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DATED: February 21, 2019.

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______________________________
RICHARD F. BOULWARE, II
United States District Judge

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