Funches v. Palmer

Filing 2

ORDERED that the Clerk shall ELECTRONICALLY SERVE the # 1 Petition and this Order upon the respondents. ( E-service of petition performed by NEF regeneration on 5/12/2011 ) FURTHER ORD Rs answer/response to petition due by 6/26/2011. If an answer is filed then P's reply due 45 days from date of service of answer. FURTHER ORD henceforth P shall serve AG a copy of every pleading submitted for consideration w certificate of mailing. Signed by Chief Judge Robert C. Jones on 5/11/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARRITTE FUNCHES,
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Petitioner,
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vs.
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JACK PALMER, et al.,
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Respondents.
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____________________________________/

3:11-cv-00250-RCJ-VPC
ORDER

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Marritte Funches a Nevada prisoner, has filed a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee for this action and is represented by
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retained counsel. (ECF No. 1). The respondents shall be directed to respond.
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A petition for federal habeas corpus should include all claims for relief of which
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petitioner is aware. If petitioner fails to include such a claim in his petition, he may be forever
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barred from seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive
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petitions). If petitioner is aware of any claim not included in his petition, he should notify the Court
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of that as soon as possible, perhaps by means of a motion to amend his petition to add the claim.
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IT IS THEREFORE ORDERED that the Clerk shall ELECTRONICALLY
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SERVE the petition (ECF No. 1) and this Order upon the respondents.
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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from

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entry of this order within which to answer, or otherwise respond to, the petition. In their answer or

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other response, respondents shall address any claims presented by petitioner in his petition as well as

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any claims presented by petitioner in any Statement of Additional Claims. Respondents shall raise

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all potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and

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procedural default. Successive motions to dismiss will not be entertained. If an answer is filed,

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respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the

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United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have

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forty-five (45) days from the date of service of the answer to file a reply.

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IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the

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Attorney General of the State of Nevada a copy of every pleading, motion, or other document he

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submits for consideration by the Court. Petitioner shall include with the original paper submitted for

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filing a certificate stating the date that a true and correct copy of the document was mailed to the

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Attorney General. The Court may disregard any paper that does not include a certificate of service.

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After respondents appear in this action, petitioner shall make such service upon the particular Deputy

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Attorney General assigned to the case.

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Dated this ______ day of May,2011.
Dated this 11th day of May, 2011.

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___________________________________
UNITED STATES DISTRICT JUDGE

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