Corzine v. Baker et al

Filing 59

ORDER - Answer/response to ECF No. 51 amended petition due by 2/13/2017. Reply due 45 days after service of answer. ECF No. 55 Motion for leave to file under seal is granted. ECF No. 57 Motion to partially waive Local Rule is granted. Signed by Judge Miranda M. Du on 12/29/2016. (Copies have been distributed pursuant to the NEF - DRM) Modified on 12/30/2016 answer date corrected to be 2/13/2017; NEF regenerated to (DRM).

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

***

8

MATTHEW CORZINE,

Case No. 3:13-cv-00119-MMD-VPC

9

Petitioner,

10
11

ORDER

v.
RENEE BAKER, et al.,
Respondents.

12
13

Petitioner has filed an amended petition for a writ of habeas corpus (ECF No. 51).

14

The Court has reviewed it pursuant to Rule 4 of the Rules Governing Section 2254 Cases

15

in the United States District Courts. The Court will direct respondents to file a response.

16

Petitioner has filed a motion for leave to file exhibits under seal (ECF No. 55) and

17

a motion to partially waive Local Rule IA 10-3(e) (ECF No. 57). The Court grants these

18

motions.

19

It is therefore ordered that respondents will have forty-five (45) days from the date

20

of entry of this order to answer or otherwise respond to the amended petition (ECF No.

21

51). Respondents must raise all potential affirmative defenses in the initial responsive

22

pleading, including lack of exhaustion and procedural default. Successive motions to

23

dismiss will not be entertained. If respondents file and serve an answer, then they must

24

comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States

25

District Courts, and then petitioner will have forty-five (45) days from the date on which

26

the answer is served to file a reply. If respondents file a motion, then the briefing schedule

27

of Local Rule LR 7-2 will apply.

28

///

1
2
3
4
5

It is further ordered that petitioner’s motion for leave to file exhibits under seal (ECF
No. 55) is granted.
It is further ordered that petitioner’s motion to partially waive Local Rule IA 10-3(e)
(ECF No. 57) is granted.
DATED THIS 29th day of December 2016.

6
7
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2