Caldwell v. Gentry et al

Filing 6

ORDER that the clerk of the court shall file the petition for a writ of habeas corpus. The clerk shall add Adam Paul Laxalt, Attorney Generalfor the State of Nevada as counsel for respondents. The clerk shall electronically serve upon respondents a copy of the petition and this order. Respondents have 45 days from the date on which the petition was served to answer or otherwise respond to the petition. The hard copy of any electronically filed exhibits shall beforwarded to the staff attorneys in Las Vegas. Signed by Judge Richard F. Boulware, II on 1/9/2018. (Copies have been distributed pursuant to the NEF - copy of Petition mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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J. D. CALDWELL,

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Petitioner,

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vs.

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JO GENTRY, et al.,

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Case No. 2:17-cv-02529-RFB-CWH

Respondents.

ORDER

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Petitioner has paid the filing fee. The court has reviewed the petition pursuant to Rule 4 of

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the Rules Governing Section 2254 Cases in the United States District Courts. The court will serve

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the petition upon respondents for a response.

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IT IS THEREFORE ORDERED that the clerk of the court shall file the petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
IT IS FURTHER ORDERED that the clerk shall add Adam Paul Laxalt, Attorney General
for the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a

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copy of the petition and this order. In addition, the clerk shall return to petitioner a copy of the

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petition.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date

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on which the petition was served to answer or otherwise respond to the petition. Respondents shall

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raise all potential affirmative defenses in the initial responsive pleading, including untimeliness,

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

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If respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing

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Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five

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(45) days from the date on which the answer is served to file a reply. If respondents file a motion,

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then the briefing schedule of Local Rule LR 7-2 shall apply.

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IT IS FURTHER ORDERED that the hard copy of any electronically filed exhibits shall be
forwarded—for this case—to the staff attorneys in Las Vegas.
DATED: January 9, 2018.

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_________________________________
RICHARD F. BOULWARE, II
United States District Judge

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