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 a nd 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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 RAUL GONZALES, Case No. 2:21-cv-02055-GMN-DJA Petitioner, ORDER v. 8 CALVIN JOHNSON, et al., 9 Respondents. 10 11 12 On November 15, 2021, the Court received for filing from Raul Gonzales, who is 13 incarcerated at High Desert State Prison, in Indian Springs, Nevada, a pro se petition 14 for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 8), an application to 15 proceed in forma pauperis (ECF No. 1) and a motion for appointment of counsel (ECF 16 Nos. 9, 10). On November 17, 2021, the Court denied the in forma pauperis application 17 as moot because Gonzales paid the filing fee, screened the habeas petition and 18 ordered it served on the respondents, and granted Gonzales’ motion for appointment of 19 counsel and appointed as his counsel the Federal Public Defender for the District of 20 Nevada. See Order entered November 17, 2021 (ECF No. 7). Appointed counsel 21 appeared for Gonzales on November 18, 2021 (ECF No. 13). Respondents have not 22 yet appeared; they have until December 17, 2021, to do so. See Order entered 23 November 17, 2021 (ECF No. 7) (30 days for appearance). 24 On November 17, 2021, Gonzales, now with counsel, filed a motion for leave to 25 file a first amended petition, with the proposed first amended petition and supporting 26 exhibits attached (ECF Nos. 14, 14-1, 14-2 through 14-19). On that same date, 27 Gonzales also filed a motion requesting that the Court enter a scheduling order, and 28 1 1 that the scheduling order provide time for him to file a second amended habeas petition 2 (ECF No. 15). 3 Good cause appearing, the Court will grant both of Gonzales’ motions. The Court 4 will order the first amended petition and supporting exhibits filed. The Court will issue a 5 scheduling order, which will, among other provisions, provide for the filing of a second 6 amended petition, after Respondents appear. 7 Nothing in this order is meant to suggest the Court’s opinion regarding the date 8 of expiration of any applicable statute of limitations, and nothing in this order is meant to 9 extend or toll any applicable limitations period. 10 IT IS THEREFORE ORDERED that Petitioner’s Motion for Leave to File First 11 Amended Protective Petition (ECF No. 14) is GRANTED. The Clerk of the Court is 12 directed to separately file Petitioner’s First Amended Petition for Writ of Habeas Corpus 13 (ECF No. 14-1) and Petitioner’s Exhibits (ECF No. 14-2 through 14-19). 14 IT IS FURTHER ORDERED that Petitioner’s Motion for Scheduling Order (ECF 15 No. 15) is GRANTED. The Court will issue a scheduling order, which will, among other 16 provisions, provide for the filing of a second amended petition, after Respondents 17 appear. 18 19 November 19 DATED THIS ___ day of ______________________, 2021. 20 21 22 GLORIA M. NAVARRO, UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 2

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