Bergna v. Benedetti et al
ORDERED that by 5/15/2014 petitioner shall file a verification of the current # 55 Amended petition as outlined in the text of this order. FURTHER IS ORDERED that by 6/14/2014 respondents shall file an answer to all remaining claims on the meri ts, including Grounds 1, 3 and 4, along with any further associated briefing as to the procedural default defense raised as to those claims. See # 40 , at 4-6 & 11. FURTHER IS ORDERED that petitioner shall have 30 days from service of the answer within which to file a reply. Signed by Judge Robert C. Jones on 4/15/2014. (Copies have been distributed pursuant to the NEF - DRM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
PETER M. BERGNA,
JAMES BENEDETTI, et al.
This represented habeas matter comes before the Court for initial review of the
amended petition (#55).
It appears at least on a preliminary review that the current amended petition carries
forward unchanged the claims from the prior amended petition, except for the abandoned
unexhausted Ground 9. Based on that assumption, the matter appears postured for the filing
of an answer and reply, with the understanding that a final resolution of the procedural default
issues as to Grounds 1, 3 and 4 has been deferred to the final dispositive order. See #40,
While respondents are preparing their answer, the Court would prefer that petitioner
explicitly verify the allegations of the current amended petition. It perhaps might be argued
that the verification of the prior amended petition (#29) and the notice (#56) filed with the
amended petition suffice. However, the better practice would be for petitioner to file a
verification of the current amended petition in which he declares under penalty of perjury that
the allegations therein are true and correct of his own knowledge, except as to those matters
stated on information and belief, and as to such matters he believes them to be true.
IT THEREFORE IS ORDERED that, within thirty (30) days of entry of this order,
petitioner shall file a verification of the current amended petition (#55) as outlined in the text
of this order.
IT FURTHER IS ORDERED that, within sixty (60) days of entry of this order,
respondents shall file an answer to all remaining claims on the merits, including Grounds 1,
3 and 4, along with any further associated briefing as to the procedural default defense raised
as to those claims. See #40, at 4-6 & 11.
IT FURTHER IS ORDERED that petitioner shall have thirty (30) days from service of
the answer within which to file a reply.
DATED: April 15, 2014.
ROBERT C. JONES
United States District Judge
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