Gonzales v. Johnson

Filing 16

ORDER. IT IS ORDERED that #14 Petitioner's Motion for Leave to File First Amended Protective Petition is GRANTED. The Clerk of the Court is directed to separately file #14 -1 Petitioner's First Amended Petition for Writ of Habeas Corpus and #14 -1 - #14 -19 Petitioner's Exhibits. IT IS FURTHER ORDERED that #15 Petitioner's Motion for Scheduling Order is GRANTED. See Order for details. Signed by Judge Gloria M. Navarro on 11/19/2021. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RAUL GONZALES,

Case No. 2:21-cv-02055-GMN-DJA

Petitioner,

ORDER

v.

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CALVIN JOHNSON, et al.,

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Respondents.

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On November 15, 2021, the Court received for filing from Raul Gonzales, who is

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incarcerated at High Desert State Prison, in Indian Springs, Nevada, a pro se petition

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for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 8), an application to

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proceed in forma pauperis (ECF No. 1) and a motion for appointment of counsel (ECF

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Nos. 9, 10). On November 17, 2021, the Court denied the in forma pauperis application

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as moot because Gonzales paid the filing fee, screened the habeas petition and

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ordered it served on the respondents, and granted Gonzales’ motion for appointment of

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counsel and appointed as his counsel the Federal Public Defender for the District of

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Nevada. See Order entered November 17, 2021 (ECF No. 7). Appointed counsel

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appeared for Gonzales on November 18, 2021 (ECF No. 13). Respondents have not

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yet appeared; they have until December 17, 2021, to do so. See Order entered

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November 17, 2021 (ECF No. 7) (30 days for appearance).

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On November 17, 2021, Gonzales, now with counsel, filed a motion for leave to

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file a first amended petition, with the proposed first amended petition and supporting

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exhibits attached (ECF Nos. 14, 14-1, 14-2 through 14-19). On that same date,

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Gonzales also filed a motion requesting that the Court enter a scheduling order, and

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that the scheduling order provide time for him to file a second amended habeas petition

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(ECF No. 15).

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Good cause appearing, the Court will grant both of Gonzales’ motions. The Court

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will order the first amended petition and supporting exhibits filed. The Court will issue a

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scheduling order, which will, among other provisions, provide for the filing of a second

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amended petition, after Respondents appear.

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Nothing in this order is meant to suggest the Court’s opinion regarding the date

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of expiration of any applicable statute of limitations, and nothing in this order is meant to

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extend or toll any applicable limitations period.

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IT IS THEREFORE ORDERED that Petitioner’s Motion for Leave to File First

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Amended Protective Petition (ECF No. 14) is GRANTED. The Clerk of the Court is

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directed to separately file Petitioner’s First Amended Petition for Writ of Habeas Corpus

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(ECF No. 14-1) and Petitioner’s Exhibits (ECF No. 14-2 through 14-19).

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IT IS FURTHER ORDERED that Petitioner’s Motion for Scheduling Order (ECF

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No. 15) is GRANTED. The Court will issue a scheduling order, which will, among other

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provisions, provide for the filing of a second amended petition, after Respondents

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appear.

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November
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DATED THIS ___ day of ______________________, 2021.

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GLORIA M. NAVARRO,
UNITED STATES DISTRICT JUDGE

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