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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 MARRITTE FUNCHES, 10 11 12 13 14 ) ) Petitioner, ) ) vs. ) ) JACK PALMER, et al., ) ) Respondents. ) ____________________________________/ 3:11-cv-00250-RCJ-VPC ORDER 15 Marritte Funches a Nevada prisoner, has filed a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee for this action and is represented by 17 retained counsel. (ECF No. 1). The respondents shall be directed to respond. 18 A petition for federal habeas corpus should include all claims for relief of which 19 petitioner is aware. If petitioner fails to include such a claim in his petition, he may be forever 20 barred from seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive 21 petitions). If petitioner is aware of any claim not included in his petition, he should notify the Court 22 of that as soon as possible, perhaps by means of a motion to amend his petition to add the claim. 23 IT IS THEREFORE ORDERED that the Clerk shall ELECTRONICALLY 24 SERVE the petition (ECF No. 1) and this Order upon the respondents. 25 26 1 IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from 2 entry of this order within which to answer, or otherwise respond to, the petition. In their answer or 3 other response, respondents shall address any claims presented by petitioner in his petition as well as 4 any claims presented by petitioner in any Statement of Additional Claims. Respondents shall raise 5 all potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and 6 procedural default. Successive motions to dismiss will not be entertained. If an answer is filed, 7 respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the 8 United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have 9 forty-five (45) days from the date of service of the answer to file a reply. 10 IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the 11 Attorney General of the State of Nevada a copy of every pleading, motion, or other document he 12 submits for consideration by the Court. Petitioner shall include with the original paper submitted for 13 filing a certificate stating the date that a true and correct copy of the document was mailed to the 14 Attorney General. The Court may disregard any paper that does not include a certificate of service. 15 After respondents appear in this action, petitioner shall make such service upon the particular Deputy 16 Attorney General assigned to the case. 17 Dated this ______ day of May,2011. Dated this 11th day of May, 2011. 18 ___________________________________ UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 2

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