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