Ebeling v. Smith et al

Filing 11

ORDER. IT IS HEREBY ORDERED that the Clerk shall electronically serve the petition on the respondents. Respondents shall file a notice of appearance within twenty days of entry of this order. FURTHER ORDERED, counsel for petitioner shall mee t with petitioner as soon as reasonably possible, if counsel has not already done so. FURTHER ORDERED, petitioner shall have until December 29, 2010, to file and serve an amended petition for writ of habeas corpus. Respondents shall have thirty (30) days after service of an amended petition within which to answer, or otherwise respond to, the amended petition. If petitioner does not file an amended petition, respondents shall have thirty (30) days from the date on which the amended petition is due within which to answer, or otherwise respond to, petitioner's original petition. Successive motions to dismiss shall not be allowed. FURTHER ORDERED, if and when respondents file an answer, petitioner shall have thirty (30) days afer servi ce of the answer to file and serve a reply. FURTHER ORDERED, counsel for respondents shall make available to counsel for petitioner (photocopying costs at the latter's expense), as soon as reasonably possible, copies of whatever portions of the state court record they possess regarding the judgment petitioner is challenging in this case. Signed by Judge Robert C. Jones on 10/19/2010. (Copies have been distributed pursuant to the NEF - KO)

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1 2 3 4 5 6 7 8 9 10 11 12 13 In this habeas corpus action, on September 30, 2010, counsel appeared on behalf of 14 petitioner (docket #10). Petitioner's counsel is Debra A. Bookout, Assistant Federal Public Defender, 15 411 E. Bonneville, Suite 250, Las Vegas, Nevada, 89101. It appears that respondents have not been 16 served with the petition and they have not made an appearance. 17 The Court will set a schedule for further proceedings in this action. 18 IT IS THEREFORE ORDERED that the Clerk shall electronically serve the petition 19 on the respondents. Respondents shall file a notice of appearance within twenty days of entry of this 20 order. 21 IT IS FURTHER ORDERED that counsel for petitioner shall meet with petitioner as 22 soon as reasonably possible, if counsel has not already done so, to: (a) review the procedures applicable 23 in cases under 28 U.S.C. 2254; (b) discuss and explore with petitioner, as fully as possible, the 24 potential grounds for habeas corpus relief in petitioner's case; and (c) advise petitioner that all possible 25 grounds for habeas corpus relief must be raised at this time in this action and that the failure to do so will 26 likely result in any omitted grounds being barred from future review. GREGORY EBELING, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) Petitioner, ) ) vs. ) ) GREGG SMITH, et al., ) ) Respondents. ) ____________________________________/ 3:-10-cv-0356-RCJ-RAM ORDER 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 IT IS FURTHER ORDERED that petitioner shall have until December 29, 2010, to file and serve an amended petition for writ of habeas corpus, which shall include all known grounds for relief (both exhausted and unexhausted). Respondents shall have thirty (30) days after service of an amended petition within which to answer, or otherwise respond to, the amended petition. If petitioner does not file an amended petition, respondents shall have thirty (30) days from the date on which the amended petition is due within which to answer, or otherwise respond to, petitioner's original petition. Successive motions to dismiss shall not be allowed. IT IS FURTHER ORDERED that if and when respondents file an answer, petitioner shall have thirty (30) days after service of the answer to file and serve a reply. IT IS FURTHER ORDERED that counsel for respondents shall make available to counsel for petitioner (photocopying costs at the latter's expense), as soon as reasonably possible, copies of whatever portions of the state court record they possess regarding the judgment petitioner is challenging in this case. DATED: This 19th day of October, 2010. ___________________________________ UNITED STATES DISTRICT JUDGE 2

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