Rankin v. Skolnik et al
Filing
33
ORDER. IT IS ORDERED that respondents shall have forty-five (45) days from entry of this order within which to answer, or otherwise respond to, the amended petition, including by motion to dismiss. IT FURTHER IS ORDERED that any procedural defenses raised by respondents in this case shall be raised together in a single motion to dismiss. IT FURTHER IS ORDERED that, in any answer filed on the merits, respondents shall specifically cite to and address the applicable state court written decision and state court record materials, if any, regarding each claim within the response as to that claim. IT FURTHER IS ORDERED that any additional exhibits filed by the parties herein shall befiled with a separate index of exhibits identifying the exhib its by number or letter. IT FURTHER IS ORDERED that petitioner shall have thirty (30) days from service of the answer, motion to dismiss, or other response to file a reply or opposition. The Court will be seeking to resolve all aspects of this case no later than 4/30/2012. Accordingly, in the event of any scheduling conflicts between this case and other matters in this District, counsel, in the absence of extraordinary circumstances, should seek any necessary extension of time in the later-filed case. (See Order for specifics)(Responses due by 6/26/2011.) Signed by Judge Larry R. Hicks on 5/12/2011. (Copies have been distributed pursuant to the NEF - MLC)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
7
8
9
ALVIN RANKIN, JR.,
Petitioner,
10
3:09-cv-00145-LRH-VPC
11
vs.
ORDER
12
13
HOWARD SKOLNIK, et al.,
14
Respondents.
15
16
This habeas matter under 28 U.S.C. § 2254 comes before the Court following initial review
17
under Rule 4 of the Rules Governing Section 2254 Cases (the “Habeas Rules”) of the amended petition
18
(#27) filed by the Federal Public Defender. Following upon said review, a response will be directed.
19
IT THEREFORE IS ORDERED that respondents shall have forty-five (45) days from entry of
20
this order within which to answer, or otherwise respond to, the amended petition, including by motion
21
to dismiss. Any response filed shall comply with the remaining provisions below, which are tailored
22
to this particular case based upon the Court’s screening of the amended petition and which are entered
23
pursuant to Habeas Rule 4.
24
IT FURTHER IS ORDERED that any procedural defenses raised by respondents in this case
25
shall be raised together in a single motion to dismiss. Procedural defenses omitted from such motion
26
to dismiss will be subject to potential waiver. Respondents shall not file a response in this case that
27
consolidates their procedural defenses, if any, with their response on the merits, except pursuant to 28
28
U.S.C. § 2254(b)(2) as to any unexhausted claims clearly lacking merit.
1
IT FURTHER IS ORDERED that, in any answer filed on the merits, respondents shall
2
specifically cite to and address the applicable state court written decision and state court record
3
materials, if any, regarding each claim within the response as to that claim
4
IT FURTHER IS ORDERED that any additional exhibits filed by the parties herein shall be
5
filed with a separate index of exhibits identifying the exhibits by number or letter. The CM/ECF
6
attachments that are filed further shall be identified by the number or numbers (or letter or letters) of
7
the exhibits in the attachment, as counsel for petitioner has done in ## 28-30.
8
9
IT FURTHER IS ORDERED that petitioner shall have thirty (30) days from service of the
answer, motion to dismiss, or other response to file a reply or opposition.
10
The Court will be seeking to resolve all aspects of this case no later than April 30, 2012.
11
Accordingly, in the event of any scheduling conflicts between this case and other matters in this
12
District, counsel, in the absence of extraordinary circumstances, should seek any necessary
13
extension of time in the later-filed case.
14
DATED this12th day of May, 2011.
15
16
17
______________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?