Burriola v. Palmer et al

Filing 8

ORDER. IT IS ORDERED that the Clerk shall electronically serve the petition 5 upon respondents (ack'd). FURTHER ORDERED that respondents shall have forty-five (45) days within which to answer or respond to the petition. Su ccessive motions to dismiss will not be entertained. If an answer is filed, petitioner shall have forty-five (45) days to file a reply. Petitioner shall serve upon respondents a copy of every pleading.Nevada Attorney General answer due 9/20/2010; Palmer answer due 9/20/2010.( Responses due by 9/20/2010.) Signed by Chief Judge Roger L. Hunt on 8/5/2010. (Copies have been distributed pursuant to the NEF - MLC) (Main Document 8 replaced on 8/6/2010) (MLC).

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 ANTHONY J. BURRIOLA, 9 Petitioner, 10 vs. 11 WARDEN PALMER, et al., 12 Respondents. 13 14 Anthony J. Burriola has filed a pro se petition for writ of habeas corpus pursuant to 15 28 U.S.C. § 2254 (docket #5). Petitioner has paid the filing fee for this action. The petition shall 16 now be served on respondents. 17 A petition for federal habeas corpus should include all claims for relief of which 18 petitioner is aware. If petitioner fails to include such a claim in his petition, he may be forever 19 barred from seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive 20 petitions). If petitioner is aware of any claim not included in his petition, he should notify the Court 21 of that as soon as possible, perhaps by means of a motion to amend his petition to add the claim. 22 IT IS THEREFORE ORDERED that the Clerk shall ELECTRONICALLY 23 SERVE the petition (docket #5) upon the respondents. 24 IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from 25 entry of this order within which to answer, or otherwise respond to, the petition. In their answer or 26 other response, respondents shall address any claims presented by petitioner in his petition as well as ) ) ) ) ) ) ) ) ) /
LLH VPC 3:10-cv-0344-RRH--VPC

ORDER

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any claims presented by petitioner in any Statement of Additional Claims. Respondents shall raise all potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and procedural default. Successive motions to dismiss will not be entertained. If an answer is filed, respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have forty-five (45) days from the date of service of the answer to file a reply. IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the Attorney General of the State of Nevada a copy of every pleading, motion, or other document he submits 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 Attorney General. The Court may disregard any paper that does not include a certificate of service. After respondents appear in this action, petitioner shall make such service upon the particular Deputy Attorney General assigned to the case. Dated this 5th day of August, 2010.

___________________________________ UNITED STATES DISTRICT JUDGE

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