Palayo v. Howell et al

Filing 6

ORDER Respondents will have 30 days from the date of this order to file a notice of appearance. IT IS FURTHER ORDERED that Respondents will have 60 days from the date of this order to answer or otherwise respond to the petition. Signed by Judge Kent J. Dawson on 11/17/2020. (Copies have been distributed pursuant to the NEF - JM)

Download PDF
Case 2:20-cv-01877-KJD-BNW Document 6 Filed 11/17/20 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 8 9 MARIO MARTINEZ PALAYO, Case No. 2:20-cv-01877-KJD-BNW Petitioner, ORDER v. JERRY HOWELL, et al., Respondents. 10 11 12 Mario Martinez Palayo, an individual incarcerated at Nevada’s Southern Desert 13 Correctional Center, has submitted a pro se petition for writ of habeas corpus, under 28 14 U.S.C. § 2241, complaining that the Respondents have “fail[ed] to apply good-time, 15 work-time and statutory credits to the minimum of [his] sentence.” Petition for Writ of 16 Habeas Corpus (ECF No. 1-1), p. 1. Palayo paid the filing fee for this action on 17 November 10, 2020 (ECF No. 4). The petition will, therefore, be filed. 18 While reserving judgment regarding the procedural viability and merits of 19 Palayo’s petition, the Court determines that it warrants a response by the Respondents. 20 Respondents will be served with the petition and will be directed to respond. See 28 21 U.S.C. § 2243. 22 IT IS THEREFORE ORDERED that the Clerk of the Court is directed to 23 separately file the petition for writ of habeas corpus (now filed at ECF No. 1-1). 24 25 26 IT IS FURTHER ORDERED that the Clerk of the Court is directed to add Aaron D. Ford, Attorney General of the State of Nevada, as counsel for Respondents. IT IS FURTHER ORDERED that the Clerk of the Court is directed to 27 electronically serve upon Respondents a copy of the petition for writ of habeas corpus 28 (ECF No. 1-1), and a copy of this order. 1 Case 2:20-cv-01877-KJD-BNW Document 6 Filed 11/17/20 Page 2 of 2 1 2 3 4 5 IT IS FURTHER ORDERED that Respondents will have 30 days from the date of this order to file a notice of appearance. IT IS FURTHER ORDERED that Respondents will have 60 days from the date of this order to answer or otherwise respond to the petition. IT IS FURTHER ORDERED that, if Respondents file an answer, Petitioner will 6 have 60 days from the date on which the answer filed to file a reply. If Respondents file 7 a motion to dismiss, Petitioner will have 60 days from the date on which the motion is 8 filed to file a response to the motion to dismiss, and Respondents will, thereafter, have 9 30 days to file a reply. 10 11 17 November DATED THIS _____ day of ______________________, 2020. 12 13 KENT J. DAWSON, UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?