JOSE L. ECHAVARRIA V. E.K. MCDANIEL, ET AL.

Filing 135

ORDER 1. Amended Petition. If necessary, P shall file and serve an amended petition for a writ of habeas corpus on or before November 18, 2011. 2. Response to Petition. Rs shall have 60 days following service of the amended petition to file and serve an answer or other response to the amended petition. If P does not file an amended petition, Rs shall have 60 days following the due-date for the amended petition to file and serve an answer or other response to th e original petition. 3. Reply and Response to Reply. P shall have 45 days following service of an answer to file and serve a reply. Rs shall thereafter have 30 days following service of a reply to file and serve a response to the reply. 4. Briefing of Motion to Dismiss. If Rs file a motion to dismiss, P shall have 30 days following service of the motion to file and serve an opposition to the motion. Rs shall thereafter have 30 days following service of the opposition to file and serve a reply. 5. Discovery. If P wishes to move for leave to conduct discovery, P shall file and serve such motion concurrently with, but separate from, the response to Rs' motion to dismiss or the reply to Rs' a nswer. 6. Evidentiary Hearing. If P wishes to request an evidentiary hearing, P shall file and serve a motion for an evidentiary hearing concurrently with, but separate from, the response to Rs' motion to dismiss or the reply to Rs& #039; answer. 7. Status Reports and Status Conferences. The court may from time to time, as the need arises, schedule status conferences, and/or require the filing and service of status reports Signed by Judge Roger L. Hunt on 8/17/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSE L. ECHAVARRIA,

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Petitioner,

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vs.

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E.K. McDANIEL, et al.,

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Respondents.

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3:98-cv-0202-RLH-VPC
ORDER

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This order is issued pursuant to Federal Rule of Civil Procedure 16(b), the Rules Governing
Section 2254 Cases in the United States District Courts, and Local Rule 16-1.
This action is a petition for writ of habeas corpus brought by Jose L. Echavarria, a Nevada

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prisoner sentenced to death. Echavarria initiated this action on April 17, 1998. The action was

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stayed on March 25, 2007, to allow Echavarria an opportunity to exhaust claims in state court.

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On July 12, 2011, the stay was lifted.

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IT IS ORDERED:
1.

Amended Petition. If necessary, petitioner shall file and serve an amended petition

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for a writ of habeas corpus on or before November 18, 2011. The amended petition shall contain

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all known grounds for relief, both exhausted and unexhausted. The amended petition shall

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specifically state whether each ground for relief has been exhausted in state court; for each claim that

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has been exhausted in state court, the amended petition shall state how, when, and where that

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occurred. If petitioner determines that an amended petition need not be filed, then, when the

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amended petition is due, petitioner shall file and serve a statement to that effect.

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2.

Response to Petition. Respondents shall have 60 days following service of the

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amended petition to file and serve an answer or other response to the amended petition. If petitioner

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does not file an amended petition, respondents shall have 60 days following the due-date for the

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amended petition to file and serve an answer or other response to the original petition.

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3.

Reply and Response to Reply. Petitioner shall have 45 days following service of

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an answer to file and serve a reply. Respondents shall thereafter have 30 days following service of a

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reply to file and serve a response to the reply.

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4.

Briefing of Motion to Dismiss. If respondents file a motion to dismiss, petitioner

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shall have 30 days following service of the motion to file and serve an opposition to the motion.

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Respondents shall thereafter have 30 days following service of the opposition to file and serve a

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reply.

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5.

Discovery. If petitioner wishes to move for leave to conduct discovery, petitioner

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shall file and serve such motion concurrently with, but separate from, the response to respondents’

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motion to dismiss or the reply to respondents’ answer. Any motion for leave to conduct discovery

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filed by petitioner before that time may be considered premature, and may be denied, without

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prejudice, on that basis. Respondents shall file and serve a response to any such motion concurrently

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with, but separate from, their reply in support of their motion to dismiss or their response to

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petitioner’s reply. Thereafter, petitioner shall have 20 days to file and serve a reply in support of the

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motion for leave to conduct discovery. If the court grants petitioner leave to conduct discovery, the

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court will then establish time limits for the completion of the authorized discovery.

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6.

Evidentiary Hearing. If petitioner wishes to request an evidentiary hearing,

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petitioner shall file and serve a motion for an evidentiary hearing concurrently with, but separate

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from, the response to respondents’ motion to dismiss or the reply to respondents’ answer. Any

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motion for an evidentiary hearing filed by petitioner before that time may be considered premature,

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and may be denied, without prejudice, on that basis. The motion for an evidentiary hearing must

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specifically address why an evidentiary hearing is required, and must meet the requirements of

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28 U.S.C. § 2254(e). The motion must state whether an evidentiary hearing was held in state court,

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and, if so, state where the transcript is located in the record. If petitioner files a motion for an

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evidentiary hearing, respondents shall file and serve a response to that motion concurrently with, but

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separate from, their reply in support of their motion to dismiss or their response to petitioner’s reply.

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Thereafter, petitioner shall have 20 days to file and serve a reply in support of the motion for an

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evidentiary hearing.

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7.

Status Reports and Status Conferences. The court may from time to time, as the

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need arises, schedule status conferences, and/or require the filing and service of status reports, in

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order to manage the progress of this action.

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Dated this

17th

day of August, 2011.

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______________________________________
UNITED STATES DISTRICT JUDGE

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