Smith v. LeGrand et al
Filing
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ORDER directing respondents to answer or respond to 15 Amended Petition for Writ of Habeas Corpus within 45 days. Signed by Judge Miranda M. Du on 7/1/15. (Copies have been distributed pursuant to the NEF - JC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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KEITH G. SMITH,
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Case No. 3:14-cv-00029-MMD-VPC
Petitioner,
ORDER
v.
ROBERT LeGRAND, et al.,
Respondents.
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Petitioner has filed an amended petition. (Dkt. no.15.) The Court has reviewed it
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pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States
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District Courts. The Court will direct respondents to file a response.
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It is therefore ordered that respondents shall have forty-five (45) days from the
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date of entry of this order to answer or otherwise respond to the amended petition. (Dkt.
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no. 15.) Respondents shall raise all potential affirmative defenses in the initial
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responsive pleading, including lack of exhaustion and procedural default. Successive
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motions to dismiss will not be entertained. If respondents file and serve an answer, then
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they shall comply with Rule 5 of the Rules Governing Section 2254 Cases in the United
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States District Courts, and then petitioner shall have forty-five (45) days from the date
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on which the answer is served to file a reply.
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DATED THIS 1st day of July 2015.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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