Torrez-Mejia v. Howell et al

Filing 12

ORDER that counsel for petitioner shall meet with petitioner as soon as reasonably possible, if counsel has not already done so. FURTHER ORDERED that petitioner shall have ninety (90) days from the date of this order to FILE AND SERVE on respondents an amended petition for writ of habeas corpus, which shall include all known grounds for relief (both exhausted and unexhausted). FURTHER ORDERED that respondents shall have forty-five (45) days after service of an amended petition within which to answer, or otherwise respond to, the amended petition. Signed by Judge Richard F. Boulware, II on 7/25/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VICTOR TORREZ-MEJIA,

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Case No. 2:18-cv-00681-RFB-VCF

Petitioner,

ORDER

v.
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JERRY HOWELL, 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. §
2254 by Nevada state prisoner Victor Torrez-Mejia. On June 25, 2018, this court granted
petitioner’s motion for counsel and appointed the Federal Public Defender to represent

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petitioner in this action (ECF No. 9). On July 23, 2018, Kimberly Sandberg of the Federal
Public Defender’s Office appeared on behalf of petitioner (ECF No. 11). The court now
sets a schedule for further proceedings in this action.

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IT IS THEREFORE ORDERED that counsel for petitioner shall meet with petitioner

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as soon as reasonably possible, if counsel has not already done so, to: (a) review the

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procedures applicable in cases under 28 U.S.C. § 2254; (b) discuss and explore with

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petitioner, as fully as possible, the potential grounds for habeas corpus relief in petitioner’s
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case; and (c) advise petitioner that all possible grounds for habeas corpus relief must be

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raised at this time in this action and that the failure to do so will likely result in any omitted

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grounds being barred from future review.

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IT IS FURTHER ORDERED that petitioner shall have ninety (90) days from the

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date of this order to FILE AND SERVE on respondents an amended petition for writ of

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habeas corpus, which shall include all known grounds for relief (both exhausted and

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unexhausted).
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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days after

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service of an amended petition within which to answer, or otherwise respond to, the

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amended petition. If petitioner does not file an amended petition, respondents shall have

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forty-five (45) days from the date on which the amended petition is due within which to

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answer, or otherwise respond to, petitioner’s original petition.
IT IS FURTHER ORDERED that, if and when respondents file an answer or other

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responsive pleading, petitioner shall have thirty (30) days after service of the answer or
responsive pleading to file and serve his response.

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

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herein shall be filed with an index of exhibits identifying the exhibits by number or letter.

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The CM/ECF attachments that are filed shall further be identified by the number or letter

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of the exhibit in the attachment.
IT IS FURTHER ORDERED that the parties SHALL SEND courtesy copies of all

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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

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Attorney” on the outside of the mailing address label. Additionally, in the future, all parties

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shall provide courtesy copies of any additional exhibits submitted to the court in this case,

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in the manner described above.

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DATED: July 25, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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