Lotshaw v. LVCCC Halfway House Federal Bureau of Prisons

Filing 5

ORDER. It is therefore ordered that the Clerk of Court detach, file, and electronically SERVE the ( 1 -1) petition and this order through CM/ECF on the United States Attorney for the District of Nevada in accordance with Rule 5(b)(2)(E) of the Fed eral Rules of Civil Procedure. It is further ordered that respondents file a response to the petition within 45 days of service of the petition. It is further ordered that petitioner has 45 days from service of the answer, motion to dismiss, or other response, to file a reply or opposition, with any other requests for relief by respondents by motion otherwise being subject to the normal briefing schedule under the local rules. It is further ordered that, at this time, the parties send courtesy copies of any responsive pleading or motion and all INDICES OF EXHIBITS ONLY to the Reno Division of this court. Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the atten tion of "Staff Attorney" on the outside of the mailing address label. No further courtesy copies are required unless and until requested by the court. Signed by Judge Cristina D. Silva on 6/4/2024. (Copies have been distributed pursuant to the NEF - ALZ)

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1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 Lonnie W. Lotshaw, Petitioner 5 6 Case No.: 2:24-cv-00828-CDS-MDC Order Directing Service of Petition v. 7 LVCCC Halfway House, et al., 8 Respondents 9 10 Lonnie W. Lotshaw has submitted a pro se petition for a writ of habeas corpus under 11 28 U.S.C. § 2241. ECF No. 1-1. He is in custody at Southern Nevada Detention Center serving a 12 federal sentence, and he challenges the Federal Bureau of Prisons’ calculation of his sentence. Id. 13 I have conducted a preliminary review of the petition under Habeas Rule 4 and direct that it be 14 served on respondents. 15 A petition for a writ of federal habeas corpus should include all claims for relief of which 16 petitioner is aware. If petitioner fails to include such a claim in his petition, he may be forever 17 barred from seeking federal habeas relief upon that claim. See 28 U.S.C. §2244(b) (successive 18 petitions). If petitioner is aware of any claim not included in his petition, he should notify the 19 court of that as soon as possible, perhaps by means of a motion to amend his petition to add the 20 claim. 21 It is therefore ordered that the Clerk of Court detach, file, and electronically SERVE the 22 petition [ECF No. 1-1] and this order through CM/ECF on the United States Attorney for the 23 District of Nevada in accordance with Rule 5(b)(2)(E) of the Federal Rules of Civil Procedure. 24 It is further ordered that respondents file a response to the petition, including potentially 25 by motion to dismiss, within 45 days of service of the petition, with any requests for relief by 26 petitioner by motion otherwise being subject to the normal briefing schedule under the local 1 rules. Any response filed is to comply with the remaining provisions below, which are entered 2 pursuant to Habeas Rule 5. 3 It is further ordered that any procedural defenses raised by respondents in this case be 4 raised together in a single consolidated motion to dismiss. 5 It is further ordered that petitioner has 45 days from service of the answer, motion to 6 dismiss, or other response, to file a reply or opposition, with any other requests for relief by 7 respondents by motion otherwise being subject to the normal briefing schedule under the local 8 rules. 9 It is further ordered that any exhibits filed herein by either petitioner or respondents be 10 filed with a separate index of exhibits identifying the exhibits by number. The parties will 11 identify filed CM/ECF attachments by the number of the exhibit in the attachment. Each 12 exhibit must be filed as a separate attachment. 13 It is further ordered that, at this time, the parties send courtesy copies of any responsive 14 pleading or motion and all INDICES OF EXHIBITS ONLY to the Reno Division of this court. 15 Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and 16 directed to the attention of “Staff Attorney” on the outside of the mailing address label. No 17 further courtesy copies are required unless and until requested by the court. 18 Dated: June 4, 2024 19 20 ______________________________ United States District Judge 21 22 23 24 25 26 2

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