Love v. State of Nevada et al

Filing 9

SCHEDULING ORDER. Petitioner has until 2/22/2018 to file and serve an Amended Petition. Respondents have 45 days after service of the amended petition to answer or otherwise respond. If Petitioner does not file an amended petition, then respond ents have 4/9/2018 to answer or otherwise respond to the original petition. The parties must send courtesy copies of all exhibitsto the RENO DIVISION of this court. Signed by Judge Jennifer A. Dorsey on 1/4/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Sherri Lynne Love,

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Petitioner

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Scheduling Order

v.

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2:17-cv-02419-JAD-PAL

State of Nevada, et al.,

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Respondents

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In this habeas corpus action, I granted then-pro-se petitioner Sherri Lynne Love’s motion

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for an appointment of counsel.1 Stephen Alexander Spelman of the Federal Public Defender’s

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Office has now appeared on Love’s behalf,2 so I now set a schedule for further proceedings.

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Accordingly, IT IS HEREBY ORDERED that Spelman must meet with Love as soon as

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reasonably possible, if he has not already done so, to: (a) review the procedures applicable in

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cases under 28 U.S.C. § 2254; (b) discuss and explore with Love, as fully as possible, the

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potential grounds for habeas corpus relief in her case; and (c) advise Love that all possible

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grounds for habeas corpus relief must be raised in the amended petition and that failure to do so

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will likely result in any omitted grounds being barred from future review.

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IT IS FURTHER ORDERED that Love has until February 22, 2018, to FILE and

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SERVE on respondents an amended petition for a writ of habeas corpus that includes all

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known grounds for relief (both exhausted and unexhausted).

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IT IS FURTHER ORDERED that respondents will have 45 days after service of the

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amended petition to answer or otherwise respond. If Love does not file an amended petition,

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then respondents will have until April 9, 2018, to answer or otherwise respond to the original

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petition.

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ECF No. 6.

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ECF No. 8.

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IT IS FURTHER ORDERED that any procedural defenses raised by respondents must be

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raised together in a single, consolidated motion to dismiss. Successive motions to dismiss will

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not be entertained, and procedural defenses embedded in the answer may be ignored. Procedural

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defenses omitted from a single, consolidated motion to dismiss will be deemed waived.

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Respondents may not file a response that consolidates their procedural defenses, if any, with their

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response on the merits, except as allowed by 28 U.S.C. § 2254(b)(2) with respect to any

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unexhausted claims clearly lacking merit. If respondents do seek dismissal of unexhausted

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claims under § 2254(b)(2): (a) they must do so within the single motion to dismiss and not in the

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answer; and (b) they must specifically direct their argument to the standard for dismissal under §

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2254(b)(2) as outlined in Cassett v. Stewart, 406 F.3d 614, 623–24 (9th Cir. 2005).
IT IS FURTHER ORDERED that, in any answer filed on the merits, respondents must

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specifically cite to and address the applicable state-court-written decision and state-court-record

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materials, if any, regarding each claim within the response as to that claim.

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IT IS FURTHER ORDERED that Love will have 45 days from service of the answer,

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motion to dismiss, or other response to file a reply or opposition. Other requests for relief are

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subject to the normal briefing schedule under the local rules.

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IT IS FURTHER ORDERED that any state-court-record exhibits filed by the parties in

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this case must be filed with an index identifying the exhibits by number or letter. The CM/ECF

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attachments that are filed must further be identified by the number or letter of the exhibit in the

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attachment.

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IT IS FURTHER ORDERED that the parties must SEND courtesy copies of all exhibits

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to the RENO DIVISION of this court. Courtesy copies must be mailed to the Clerk of Court,

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400 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the

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outside of the mailing address label. And going forward, all parties must provide courtesy copies

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of newly filed exhibits in the same manner.

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DATED: January 4, 2018.

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_______________________________
____ ________________
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__ ______ _ _
Jennifer A. Dorsey
Jennifer A. Dorsey
n
e
United States District Judge
ed
ed States District Jud
trict
i t

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