Thomas v. Beneditti et al

Filing 19

ORDERED Clerk shall add AG for E-service of this order and the 18 Second Amended Petition upon Rs. ( Petition E-served upon AG concurrent with this Order ). Clerk shall return P a copy of the 18 2nd Amend Pet. ( Copy mailed to P 8/23/2010 ) FURT HER ORD Rs Answer/response due 10/7/2010; and P's reply due 45 days thereafter. FURTHER ORD henceforth P shall serve Rs, with certificate of mailing. Signed by Judge Howard D. McKibben on 8/23/2010. ( Attachments: # 1 2nd Amended Petition )(Copies have been distributed pursuant to the NEF - DRM)

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Thomas v. Beneditti et al Doc. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner has submitted a second amended petition (#18). The court has reviewed it pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. The court vs. JACK PALMER, et al., Respondents. EDDIE JAMES THOMAS, JR., Petitioner, Case No. 3:09-CV-00455-HDM-(RAM) ORDER UNITED STATES DISTRICT COURT DISTRICT OF NEVADA will serve the second amended petition upon respondents for a response. IT IS THEREFORE ORDERED, as per prior agreement, that the clerk of court shall add Attorney General Catherine Cortez Masto (listed under Cortez) as counsel for respondents and shall make informal electronic service of this order and the second amended petition (#18) upon respondents by directing a notice of electronic filing to her office. In addition, the clerk shall return to petitioner a copy of the second amended petition (#18). IT IS FURTHER ORDERED that respondents shall have fortyfive (45) days from the date on which the second amended petition Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (#18) was served to answer or otherwise respond to the second amended petition (#18). If respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five (45) days from the date on which the answer is served to file a reply. IT IS FURTHER ORDERED that henceforth, petitioner shall serve upon respondents or, if appearance has been entered by counsel, upon the attorney(s), a copy of every pleading, motion or other document submitted for consideration by the court. Petitioner shall include with the original paper submitted for filing a certificate stating the date that a true and correct copy of the document was mailed to the respondents or counsel for the respondents. The court may disregard any paper received by a district judge or magistrate judge that has not been filed with the clerk, and any paper received by a district judge, magistrate judge, or the clerk that fails to include a certificate of service. DATED: August 23, 2010 ______________________________________ HOWARD D. MCKIBBEN United States District Judge -2-

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