Miller v. Baker et al

Filing 30

ORDER Clerk shall electronically serve amended petition 29 upon respondents (served via NEF regeneration 3/13/13). Respondents shall have 30 days to file answer to single ground for relief. Thereafter, petitioner shall have 30 days t o reply. Prison officials shall provide petitioner with sufficient copies of reply brief and postage to allow him to file reply, serve copy upon respondents and to retain copy for his records. Signed by Chief Judge Robert C. Jones on 3/11/13. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ANDY MILLER,

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Petitioner,

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vs.
RENEE BAKER,
Respondent.

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3:11-cv-00612-RCJ-VPC

ORDER

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This is an action on a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner is proceeding without counsel.
On a finding that petitioner had only exhausted ground five of his petition and that he was
not entitled to a stay and abeyance to exhaust his unexhausted grounds for relief (ECF No. 28),

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petitioner has filed an amended petition raising only ground five. He notes, however, that he was

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unable to obtain copies or postage from the law library and asks the Court to serve the amended

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petition upon respondents or order the prison officials to provide him with copies and postage.

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The Court will direct the clerk to ensure electronic service of the amended petition upon
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respondents and will direct respondents to file their answer to this single ground for relief.

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Moreover, due to petitioner’s assertions about denial of copies and other supplies, the Court will

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overlook the somewhat incomplete nature of the Amended Petition. Respondents and the Court
shall assume that the amended petition’s first two pages are (or would be) identical to the original.

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IT IS THEREFORE ORDERED that the clerk shall electronically serve the Amended
Petition (ECF No. 29) upon respondents.
IT IS FURTHER ORDERED that respondents shall have thirty days from entry of this

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order to file their Answer to this single ground for relief. Arguments as to the petition’s form will
not be entertained. Thereafter, petitioner shall have thirty days to file his reply.
IT IS FURTHER ORDERED that prison officials shall provide petitioner with sufficient
copies of his reply brief and postage to allow him to file the reply, serve a copy upon respondents by

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mail and to retain a copy for his records.
Dated this 11th daydayMarch, 2013.2013.
Dated this _____ of of February,

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_________________________________
United States Chief District Judge

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