Hawes v. Palmer et al

Filing 74

ORDER : Answer/response to ECF No. 72 Second Amended Petition due by 9/1/2016. Petitioner shall have 45 days from the date on which the answer is served to file a reply. Signed by Judge Robert C. Jones on 7/18/2016. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 LANCE DEON HAWES, 10 Petitioner, 11 vs. 12 Case No. 3:10-cv-00655-RCJ-VPC JACK PALMER, et al., 13 ORDER Respondents. 14 15 Petitioner has filed a second amended petition (ECF No. 72). The court has reviewed it 16 pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. 17 The court will direct respondents to file a response. 18 IT IS THEREFORE ORDERED that respondents shall have forty-five (45) days from the 19 date of entry of this order to answer or otherwise respond to the second amended petition (ECF No. 20 72). Respondents shall raise all potential affirmative defenses in the initial responsive pleading, 21 including lack of exhaustion and procedural default. Successive motions to dismiss will not be 22 entertained. If respondents file and serve an answer, then they shall comply with Rule 5 of the Rules 23 Governing Section 2254 Cases in the United States District Courts, and then petitioner shall have 24 forty-five (45) days from the date on which the answer is served to file a reply. 25 Dated: July 18, 2016. 26 27 28 _________________________________ ROBERT C. JONES United States District Judge

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