JUAN M. CASTILLO VS E.K. MCDANIEL, et al

Filing 72

ORDER - Answer to # 64 Successor Petition due by 8/8/2015; Reply due 45 days from serive of answer. Signed by Judge Roger L. Hunt on 6/24/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JUAN M. CASTILLO,

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Petitioner,

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vs.

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Case No. 3:05-cv-00366-RLH-RAM

ISIDRO BACA, et al.,

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ORDER

Respondents.

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Petitioner has filed a successor petition for writ of habeas corpus (#64), having received

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authorization from the court of appeals. The court has reviewed it pursuant to Rule 4 of the Rules

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Governing Section 2254 Cases in the United States District Courts. The court will direct

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respondents to file a response.

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The court of appeals authorized this successive petition for petitioner to argue that Miller v.

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Alabama, 132 S. Ct. 2455 (2012) is retroactive and applicable to his sentence. Miller held

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unconstitutional a mandatory sentence of life imprisonment without the possibility of parole for a

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person under the age of 18 at the time of the commission of the crime. The court notes that two

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weeks after petitioner filed the successor petition (#64), the Supreme Court of the United States has

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granted a petition for a writ of certiorari on the question whether Miller has retroactive effect, in

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Montgomery v. Louisiana, No. 14-280.

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IT IS THEREFORE ORDERED that respondents shall have forty-five (45) days from the

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date of entry of this order to answer or otherwise respond to the successor petition (#64).

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Respondents shall raise all potential affirmative defenses in the initial responsive pleading,

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including lack of exhaustion and procedural default. Successive motions to dismiss will not be

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entertained. If respondents file and serve an answer, then they shall comply with Rule 5 of the

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Rules Governing Section 2254 Cases in the United States District Courts, and then petitioner shall

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have forty-five (45) days from the date on which the answer is served to file a reply.

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DATED: June 24, 2015.

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_________________________________
ROGER L. HUNT
United States District Judge

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