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