Rider v. Esmeralda County Sheriff

Filing 5

ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis; ORDER denying 2 Motion to Expedite; The Clerk shall file the Petition and issue Summons and deliver to USM for service (see order for details). FURTHER ORDERED tha t respondents shall file a response to the petition, including potentially by motion to dismiss, within twenty (20) days of service of the petition. FURTHER ORDERED that petitioner shall have twenty (20) days from service of the answer, motion to dismiss, or other response to file a reply or opposition. FURTHER ORDERED that the parties SHALL SEND courtesy copies of all exhibits in this case to the Clerk of Court, 400 S. Virginia St., Reno, NV. Signed by Judge Richard F. Boulware, II on 12/12/2017. (Copies have been distributed pursuant to the NEF, cc: 285 to P and Petition, Order to USM - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JUSTIN CHANSE RIDER,

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Case No. 2:17-cv-02822-RFB-VCF
Petitioner,

ORDER

v.
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ESMERALDA COUNTY SHERIFF,
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Respondent.
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Petitioner Justin Chanse Rider has submitted a pro se petition for writ of habeas

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corpus by a pretrial detainee pursuant to 28 U.S.C. § 2241 (ECF No. 1-1). His

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application to proceed in forma pauperis shall be granted (ECF No. 1). This court has

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conducted a preliminary review of the petition.

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IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma
pauperis (ECF No. 1) is GRANTED.

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IT IS FURTHER ORDERED that the Clerk shall file the petition (ECF No. 1-1).

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IT IS FURTHER ORDERED that the Clerk of Court SHALL ISSUE summons for

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respondent Esmeralda County Sheriff Kenneth Elgan, AND DELIVER THE SAME, to

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the U.S. Marshal for service. The Clerk SHALL SEND to petitioner the USM-285 form.

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The Clerk also SHALL SEND a copy of the petition and a copy of this order to the U.S.

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Marshal for service on respondent. Petitioner shall have (60) days within which to

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furnish to the U.S. Marshal the required USM-285 form with relevant information as to

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respondent on each form. Within twenty (20) days after receiving from the U.S. Marshal

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a copy of the USM-285 form showing whether service has been accomplished,
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petitioner must file a notice with the court indicating whether respondent was served. If
petitioner wishes to have service again attempted on an unserved respondent, then a
motion must be filed with the court identifying the unserved respondent and specifying a
more detailed name and/or address for said respondent, or whether some other manner
of service should be attempted.
IT IS FURTHER ORDERED that henceforth, petitioner shall serve upon
respondents or, if appearance has been entered by counsel, upon the attorney(s), a
copy of every pleading, motion or other document submitted for consideration by the
court. Petitioner shall include with the original paper submitted for filing a certificate
stating the date that a true and correct copy of the document was mailed to respondent
or counsel for respondent. The court may disregard any paper received by a district
judge or magistrate judge which has not been filed with the clerk, and any paper
received by a district judge, magistrate judge or the clerk which fails to include a
certificate of service.
IT IS FURTHER ORDERED that respondents shall file a response to the petition,
including potentially by motion to dismiss, within twenty (20) days of service of the
petition, with any requests for relief by petitioner by motion otherwise being subject to
the normal briefing schedule under the local rules.
IT IS FURTHER ORDERED that petitioner shall have twenty (20) days from
service of the answer, motion to dismiss, or other response to file a reply or opposition,
with any other requests for relief by respondents by motion otherwise being subject to
the normal briefing schedule under the local rules.
IT IS FURTHER ORDERED that any additional state court record exhibits filed
herein by either petitioner or respondents shall be filed with a separate index of exhibits
identifying the exhibits by number. The CM/ECF attachments that are filed further shall
be identified by the number of the exhibit in the attachment.

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IT IS FURTHER ORDERED that the parties SHALL SEND courtesy copies of all
exhibits in this case to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, directed
to the attention of “Staff Attorney” on the outside of the mailing address label. Additionally,
in the future, all parties shall provide courtesy copies of any additional exhibits submitted
to the court in this case, in the manner described above.
IT IS FURTHER ORDERED that petitioner’s motion for expedited hearing (ECF
No. 2) is DENIED as moot.

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DATED: 12 December 2017.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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