Lewis v. Palmer et al

Filing 24

ORDERED Rs' Answer/response to 15 Amended Petition is due by 9/11/2011. ( see pdf order for additional specifics ) FURTHER ORDERED that P shall have 30 days from service of the answer, motion to dismiss, or other response to file a reply or opposition. Signed by Judge Larry R. Hicks on 7/12/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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KENYON JOVANI LEWIS,
Petitioner,

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3:09-cv-00741-LRH -RAM
3:09-cv-00471-LRH-RAM

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vs.

ORDER

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JACK PALMER, et al.,
Respondents.

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This habeas matter under 28 U.S.C. § 2254 comes before the Court following initial review

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under Rule 4 of the Rules Governing Section 2254 Cases (the “Habeas Rules”) of the amended petition

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(#15) filed by the Federal Public Defender. Following upon said review, a response will be directed.

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IT THEREFORE IS ORDERED that, taking into account the number of claims presented,

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respondents shall have sixty (60) days from entry of this order within which to answer, or otherwise

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respond to, the amended petition, including by motion to dismiss. Any response filed shall comply with

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the remaining provisions below, which are tailored to this particular case based upon the Court’s

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screening of the amended petition and which are entered pursuant to Habeas Rule 4.

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IT FURTHER IS ORDERED that any procedural defenses raised by respondents in this case

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shall be raised together in a single motion to dismiss. Procedural defenses omitted from such motion

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to dismiss will be subject to potential waiver. Respondents shall not file a response in this case that

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consolidates their procedural defenses, if any, with their response on the merits, except pursuant to 28

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U.S.C. § 2254(b)(2) as to any unexhausted claims clearly lacking merit.

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IT FURTHER IS ORDERED that, in any answer filed on the merits, respondents shall

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specifically cite to and address the applicable state court written decision and state court record

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materials, if any, regarding each claim within the response as to that claim

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IT FURTHER IS ORDERED that any additional exhibits filed by the parties herein shall be

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filed with a separate index of exhibits identifying the exhibits by number or letter. The CM/ECF

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attachments that are filed further shall be identified by the number or numbers (or letter or letters) of

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the exhibits in the attachment, as counsel for petitioner has done in ## 16-21.

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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.
DATED this 12th day of July, 2011.

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______________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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