Blake v. Baker et al

Filing 123

ORDER - Second Amended Petition due by 7/10/2015; Response to Petition due 60 days after service thereof; and Reply due 45 days thereafter. Respondents shall thereafter have 30 days following service of a reply to file and serve a response to the re ply. If respondents file a motion to dismiss, petitioner shall have 30 days following service of the motion to file and serve an opposition to the motion. Respondents shall thereafter have 30 days following service of the opposition to the motion to file and serve a reply. If petitioner wishes to request an evidentiary hearing, he shall file and serve a motion therefor. FURTHER ORDERED that petitioners # 121 Motion for compliance is DENIED as moot. Signed by Judge Robert C. Jones on 5/11/2015. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 ALFONSO MANUEL BLAKE, 10 Petitioner, 11 vs. 12 RENEE BAKER, et al., 13 Respondents. 14 15 ) ) ) ) ) ) ) ) ) ) / 3:09-cv-00327-RCJ-WGC ORDER On October 16, 2014, this court entered an order soliciting a report from the parties as to the 16 current status of petitioner Blake’s efforts to exhaust state court remedies for his unexhausted claims. 17 ECF No. 120. On October 29, 2014, Blake filed a status report indicating that his state court 18 proceedings have been concluded. ECF No. 122. 19 Good cause appearing, the court shall establish a schedule for further litigation of this action. 20 IT IS THEREFORE ORDERED that the following schedule shall govern the further 21 22 litigation of this action: 1. Amended Petition. If necessary, petitioner shall file and serve a second amended 23 petition for writ of habeas corpus within 60 days after entry of this order. The second amended 24 petition shall specifically state whether each ground for relief has been exhausted in state court and, 25 for each claim that has been exhausted in state court, the second amended petition shall state how, 26 when, and where that occurred. If petitioner determines that a second amended petition need not be 1 filed, then, within 60 days after entry of this order, petitioner shall file and serve a statement to that 2 effect. 3 2. Response to Petition. Respondents shall have 60 days following service of the second 4 amended petition to file and serve an answer or other response to the second amended petition. If 5 petitioner does not file a second amended petition, respondents shall have 60 days following the 6 due-date for the second amended petition to file and serve an answer or other response to petitioner’s 7 first amended petition (ECF No. 17). 8 9 10 11 3. Reply and Response to Reply. Petitioner shall have 45 days following service of an answer by respondents to file and serve a reply. Respondents 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 respondents file a motion to dismiss, petitioner shall 12 have 30 days following service of the motion to file and serve an opposition to the motion. 13 Respondents shall thereafter have 30 days following service of the opposition to 14 the motion to file and serve a reply. 15 5. Evidentiary Hearing. If petitioner wishes to request an evidentiary hearing, petitioner 16 shall file and serve a motion for an evidentiary hearing concurrently with, but separate from, his 17 reply to respondents’ answer or his opposition to respondents’ motion to dismiss. The motion for an 18 evidentiary hearing must specifically address why an evidentiary hearing is required, and must meet 19 the applicable requirements of 28 U.S.C. § 2254(e). The motion must identify whether an 20 evidentiary hearing was held in state court, and, if so, state where the transcript is located in the 21 record. If petitioner files a motion for an evidentiary hearing, respondents shall file and serve a 22 response to that motion concurrently with, but separate from, their response to petitioner’s reply or 23 their reply in support of a motion to dismiss. Petitioner shall thereafter have 20 days, following 24 service of respondents’ response to the motion for an evidentiary hearing, to file and serve a reply in 25 support of that motion. 26 2 1 2 3 IT IS FURTHER ORDERED that petitioner’s motion for compliance (ECF No. 121) is DENIED as moot. DATED: May 11, 2015. 4 5 _________________________________________ UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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