Aviles-Perez v. LeGrand et al

Filing 10

ORDER - Counsel for petitioner shall meet with petitioner as soon as reasonably possible, if counsel has not already done so (see order for details). The Clerk shall electronically serve a copy of this order and of the 1 -1 through 1 -3 original p etition upon respondents (served 9/16/2013). Respondents to appear in this action within 10 days. Petitioner must have 90 days to file and serve an amended petition. Respondents shall have 30 days which to answer or otherwise respond. If no amende d petition filed, respondents shall have 30 days from the date on which the amended petition is due within which to answer or otherwise respond to petitioner's original petition. If and when respondents file an answer, petitioner shall have 30 days to reply. Counsel for respondents must make available to counsel for petitioner copies of whatever portions of the state court record they possess regarding the judgment petitioner is challenging in this case. Any state court record exhibits m ust be filed with a separate index of exhibits. The CM/ECF attachments that are filed must further be identified by the number or numbers of the exhibits in the attachment. The hard copy of any additional state court record exhibits must be forwarded for this case to the staff attorneys in Reno. (Amended Petition due by 12/15/2013.) Signed by Chief Judge Robert C. Jones on 09/16/2013. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ALEJANDRO AVILES-PEREZ,

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Petitioner,
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vs.
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ROBERT LEGRAND et al.,
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Respondents.
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____________________________________/

Case 3:13-cv-0173-RCJ-VPC
ORDER

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Counsel for petitioner has appeared in this action. The Federal Public Defender, Jonathan M

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Kirshbaum, Deputy, is petitioner’s counsel. His address is 411 E. Bonneville Ave., Las Vegas,

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Nevada, 89101, 702-388-5112. As the original petition was not served, the clerk shall send to

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respondents a copy of this Order and a copy of the original petition. Thereafter, respondents shall

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have ten days to file a Notice of Appearance in this action.

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The following briefing schedule shall also be set.

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IT IS THEREFORE ORDERED that counsel for petitioner shall meet with petitioner as

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soon as reasonably possible, if counsel has not already done so, to: (a) review the procedures

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applicable in cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as

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possible, the potential grounds for habeas corpus relief in petitioner’s case; and (c) advise petitioner

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that all possible grounds for habeas corpus relief must be raised at this time in this action and that the

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failure to do so will likely result in any omitted grounds being barred from future review.

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IT IS FURTHER ORDERED the Clerk shall electronically serve a copy of this order and of

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the original petition (ECF No. 1-1 through 1-3) upon respondents. Respondents shall enter an

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appearance in this action within ten days of receipt of this Order.

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IT IS FURTHER ORDERED that petitioner must have ninety (90) days, to file and serve

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an amended petition for writ of habeas corpus, which must include all known grounds for relief (both

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exhausted and unexhausted). Respondents shall have thirty (30) days after service of an amended

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petition within which to answer, or otherwise respond to, the amended petition. If petitioner does

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not file an amended petition, respondents shall have thirty (30) days from the date on which the

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amended petition is due within which to answer, or otherwise respond to, petitioner’s original

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petition.
IT IS FURTHER ORDERED that if and when respondents file an answer, petitioner shall
have thirty (30) days after service of the answer to file and serve a reply.
IT IS FURTHER ORDERED that counsel for respondents must make available to counsel

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for petitioner (photocopying costs at the latter’s expense), as soon as reasonably possible, copies of

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whatever portions of the state court record they possess regarding the judgment petitioner is

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challenging in this case.

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IT FURTHER IS ORDERED that any state court record exhibits filed by the parties herein

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must be filed with a separate index of exhibits identifying the exhibits by number or letter. The

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CM/ECF attachments that are filed must further be identified by the number or numbers (or letter or

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letters) of the exhibits in the attachment. The hard copy of any additional state court record exhibits

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must be forwarded – for this case – to the staff attorneys in Reno.

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Dated this 16th day of of August, 2013.
Dated this _____ day September, 2013.

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_______________________________________
UNITED STATES CHIEF DISTRICT JUDGE

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