Houston v. McDaniels et al

Filing 3

ORDERED that P's # 1 Motion to proceed IFP is GRANTED. FURTHER ORDERED that the Clerk shall FILE and ELECTRONICALLY SERVE the petition (ECF No. 1 -1) upon the Rs. ( E-service performed, and copy mailed to P 6/30/2011 ) FURTHER ORDERED Rs' ; answer/response to complaint due by 8/14/2011 If an answer is filed, P shall have 45 days from the date of service of the answer to file a reply. FURTHER ORDERED that, henceforth, P shall serve AG a copy of every document he submits for consideration, and w certificate of mailing. Signed by Judge Edward C. Reed, Jr on 6/29/2011. (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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HORACE C. HOUSTON,

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Petitioner,

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vs.

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E.K. McDANIELS, et al.,

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Respondents.

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3:11-cv-00438-ECR-VPC
ORDER

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This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which petitioner, a

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state prisoner, is proceeding pro se. Petitioner has filed a motion to proceed in forma pauperis (ECF

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No. 1). Based on the information concerning petitioner’s financial status, the court finds that the motion

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to proceed in forma pauperis should be granted. Petitioner shall not be required to pay the filing fee for

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his habeas corpus petition. The petition (ECF No. 1-1) will be ordered filed and docketed.

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IT IS THEREFORE ORDERED that petitioner’s motion to proceed in forma pauperis (ECF
No. 1) is GRANTED.

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IT IS FURTHER ORDERED that the Clerk shall FILE and ELECTRONICALLY SERVE

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the petition (ECF No. 1-1) upon the respondents. A petition for federal habeas corpus should include

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all claims for relief of which petitioner is aware. If petitioner fails to include such a claim in his petition,

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he may be forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b)

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(successive petitions). If petitioner is aware of any claim not included in his petition, he should notify

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the court of that as soon as possible, perhaps by means of a motion to amend his petition to add the

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claim.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from entry of

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

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

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claims presented by petitioner in any statement of additional claims. Respondents shall raise all

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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 forty-

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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 Attorney General

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of the State of Nevada a copy of every pleading, motion, or other document he submits for consideration

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by the Court. Petitioner shall include with the original paper submitted for filing a certificate stating the

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date that a true and correct copy of the document was mailed to the Attorney General. The Court may

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disregard any paper that does not include a certificate of service. After respondents appear in this action,

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petitioner shall make such service upon the particular Deputy Attorney General assigned to the case.

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DATED this 29th day of June 2011.

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UNITED STATES DISTRICT JUDGE
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