Bergna v. Benedetti et al

Filing 57

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)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PETER M. BERGNA,
Petitioner,

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3:10-cv-00389-RCJ-WGC

vs.
ORDER

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JAMES BENEDETTI, et al.

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Respondents.

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This represented habeas matter comes before the Court for initial review of the

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amended petition (#55).

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It appears at least on a preliminary review that the current amended petition carries

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forward unchanged the claims from the prior amended petition, except for the abandoned

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unexhausted Ground 9. Based on that assumption, the matter appears postured for the filing

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of an answer and reply, with the understanding that a final resolution of the procedural default

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issues as to Grounds 1, 3 and 4 has been deferred to the final dispositive order. See #40,

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at 11.

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While respondents are preparing their answer, the Court would prefer that petitioner

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explicitly verify the allegations of the current amended petition. It perhaps might be argued

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that the verification of the prior amended petition (#29) and the notice (#56) filed with the

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amended petition suffice. However, the better practice would be for petitioner to file a

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verification of the current amended petition in which he declares under penalty of perjury that

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the allegations therein are true and correct of his own knowledge, except as to those matters

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stated on information and belief, and as to such matters he believes them to be true.

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IT THEREFORE IS ORDERED that, within thirty (30) days of entry of this order,

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petitioner shall file a verification of the current amended petition (#55) as outlined in the text

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of this order.

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IT FURTHER IS ORDERED that, within sixty (60) days of entry of this order,

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respondents shall file an answer to all remaining claims on the merits, including Grounds 1,

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3 and 4, along with any further associated briefing as to the procedural default defense raised

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as to those claims. See #40, at 4-6 & 11.

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IT FURTHER IS ORDERED that petitioner shall have thirty (30) days from service of

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the answer within which to file a reply.

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DATED: April 15, 2014.

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_________________________________
ROBERT C. JONES
United States District Judge

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