Munoz v. Smith et al

Filing 73

ORDER re 69 First Amended Petition. Respondents' answer due within 45 days. Signed by Judge Larry R. Hicks on 6/2/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PETER J. MUNOZ, JR.,

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Petitioner,

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vs.

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Case No. 3:11-cv-00197-LRH-RAM

GREGORY SMITH, WARDEN, et al.,

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ORDER

Respondents.

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Petitioner has filed a first amended petition (#69). The court has reviewed it pursuant to

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Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. The court

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will direct respondents to file a response.

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IT IS THEREFORE ORDERED that respondents shall have forty-five (45) days from the

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date of entry of this order to answer or otherwise respond to the amended petition (#69).

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Respondents shall raise all potential affirmative defenses in the initial responsive pleading,

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including lack of exhaustion and procedural default. Successive motions to dismiss will not be

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entertained. If respondents file and serve an answer, then they shall comply with Rule 5 of the

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Rules Governing Section 2254 Cases in the United States District Courts, and then petitioner shall

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have forty-five (45) days from the date on which the answer is served to file a reply.

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DATED this 2nd day of June, 2015.

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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE