Randolph v. Baker et al

Filing 13

ORDER Granting Petitioner's 11 Motion for Leave to File a First Amended Petition. The Clerk shall detach and file the 11 -1 First Amended Petition. Petitioner's 12 Motion for Scheduling Order is Granted. Petitioner has 90 days from the date of this Order to file and serve on Respondents a Second Amended Petition.The parties shall send courtesy copies of all exhibits to the Reno Division of this court. (see Order for additional deadlines). Signed by Judge Richard F. Boulware, II on 6/19/2018. (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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ROGER RANDOLPH,

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Case No. 2:18-cv-00449-RFB-VCF

Petitioner,

ORDER

v.
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RENEE BAKER, et al.,
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Respondents.
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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. §

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2254 by Nevada state prisoner Roger Randolph. On June 1, 2018, this court granted

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petitioner’s motion for counsel and appointed the Federal Public Defender to represent

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petitioner in this action (ECF No. 7). On June 18, 2018, Megan Hoffman of the Federal

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Public Defender’s Office appeared on behalf of petitioner (ECF No. 10). As the court had

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not yet issued a scheduling order, counsel for petitioner filed a motion for leave to file a

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first-amended petition and included the proposed amended petition (ECF No. 11). Ms.

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Hoffman explains that the AEDPA statute of limitations appears to expire imminently, and

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therefore, she submitted a proposed amended petition to, at a minimum, preserve the

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claims that Randolph presented to the state courts. Counsel also filed a motion for

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scheduling order to permit petitioner to file a second-amended petition after counsel has

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an opportunity to meet with Randolph and prepare an amended petition that fully reflects

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counsel’s considered judgment (ECF No. 12). Good cause appearing, the motions shall

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be granted.

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IT IS THEREFORE ORDERED that petitioner’s motion for leave to file a first-

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amended petition (ECF No. 11) is GRANTED. The Clerk shall detach and file the first-

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amended petition at ECF No. 11-1.
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IT IS FURTHER ORDERED that petitioner’s motion for scheduling order (ECF No.
12) is GRANTED. Counsel for petitioner shall meet with petitioner as soon as reasonably
possible, if counsel has not already done so, to: (a) review the procedures applicable in
cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as possible,
the potential grounds for habeas corpus relief in petitioner’s case; and (c) advise petitioner
that all possible grounds for habeas corpus relief must be raised at this time in this action
and that the failure to do so will likely result in any omitted grounds being barred from
future review.
IT IS FURTHER ORDERED that petitioner shall have ninety (90) days from the
date of this order to FILE AND SERVE on respondents a second-amended petition for
writ of habeas corpus, if any, which shall include all known grounds for relief (both
exhausted and unexhausted).
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days
after service of a second-amended petition within which to answer, or otherwise
respond to, the amended petition. If petitioner does not file a second-amended petition,
respondents shall have forty-five (45) days from the date on which the second-amended
petition is due within which to answer, or otherwise respond to, petitioner’s firstamended petition.
IT IS FURTHER ORDERED that, if and when respondents file an answer or other
responsive pleading, petitioner shall have thirty (30) days after service of the answer or
responsive pleading to file and serve his response.
IT IS FURTHER ORDERED that any state court record exhibits filed by the parties
herein shall be filed with an index of exhibits identifying the exhibits by number or letter.
The CM/ECF attachments that are filed shall further be identified by the number or letter
of the exhibit in the attachment.
IT IS FURTHER ORDERED that the parties SHALL SEND courtesy copies of all
exhibits to the Reno Division of this court. Courtesy copies shall be mailed to the Clerk

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of Court, 400 S. Virginia St., Reno, NV, 89501, and 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.

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DATED: 19th day of June, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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