Smith v. LeGrand et al

Filing 20

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 KEITH G. SMITH, 10 11 12 13 Case No. 3:14-cv-00029-MMD-VPC Petitioner, ORDER v. ROBERT LeGRAND, et al., Respondents. 14 Petitioner has filed an amended petition. (Dkt. no.15.) The Court has reviewed it 15 pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States 16 District Courts. The Court will direct respondents to file a response. 17 It is therefore ordered that respondents shall have forty-five (45) days from the 18 date of entry of this order to answer or otherwise respond to the amended petition. (Dkt. 19 no. 15.) Respondents shall raise all potential affirmative defenses in the initial 20 responsive pleading, including lack of exhaustion and procedural default. Successive 21 motions to dismiss will not be entertained. If respondents file and serve an answer, then 22 they shall comply with Rule 5 of the Rules Governing Section 2254 Cases in the United 23 States District Courts, and then petitioner shall have forty-five (45) days from the date 24 on which the answer is served to file a reply. 25 DATED THIS 1st day of July 2015. 26 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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