Barnett v. State of Nevada et al

Filing 17

ORDER granting 16 letter requesting extension of time to file reply to 10 Answer to Habeas Petition. Petitioner's reply shall be filed within 60 days. Clerk shall send petitioner first page of answer 10 and first page of index of exhibits 11 bearing date on which those documents were filed (mailed 10/29/14). Signed by Judge Miranda M. Du on 10/29/14. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

DUSTIN BARNETT,

10
11
12
13
14
15

Case No. 3:14-cv-00155-MMD-WGC
Petitioner,

ORDER

v.
STATE OF NEVADA, et al.,
Respondents.
This action is a pro se petition for a writ of habeas corpus filed pursuant to 28
U.S.C. § 2254 by a Nevada state prisoner.

16

On September 8, 2014, respondents filed an answer to the petition, along with an

17

index of exhibits, and supporting Exhibits 1-113. (Dkt. nos. 10, 11, 12, 13, 14.) On

18

October 24, 2014, the Court received a letter from petitioner. Petitioner seeks a “file-

19

stamped copy of the answer and all contents that were mailed last month.” (Dkt. no. 16,

20

at p. 1.) Petitioner complains that the answer “did not have a filing date on it.” (Id.). Both

21

the answer and the index of exhibits include a certificate of service indicating that

22

respondents served petitioner with the answer, the index of exhibits, and the exhibits.

23

(Dkt. no. 10 at p. 15; dkt. no. 11 at p. 8.) Petitioner is informed that respondents properly

24

served the answer and exhibits on him by United States mail, pursuant to Rule 5 of the

25

Federal Rules of Civil Procedure. The Court declines to send petitioner the answer and

26

all exhibits that were filed and served. To the extent that petitioner seeks a file-stamped

27

copy of the first page of the answer and the first page of the index of exhibits, the Court

28

will direct the Clerk of Court to send just those two pages to petitioner.

1

Petitioner’s letter also seeks an extension of time in which to file a reply to the

2

answer. (Dkt. no. 16.) Good cause appearing, petitioner is granted an additional sixty

3

(60) days in which to file a reply to the answer.

4

Petitioner is reminded that all requests for court action must be styled as a

5

motion, not a letter. Additionally, petitioner’s letter to the Court contains no certificate

6

stating that it was served on respondents. In the Court’s scheduling order, filed July 25,

7

2014, this Court ordered as follows:

8

12

It is further ordered that, henceforth, petitioner shall serve upon the
Attorney General of the State of Nevada a copy of every pleading, motion,
or other document he submits for consideration by the Court. Petitioner
shall include with the original paper submitted for filing a certificate stating
the date that a true and correct copy of the document was mailed to the
Attorney General. The Court may disregard any paper that does not
include a certificate of service. After respondents appear in this action,
petitioner shall make such service upon the particular Deputy Attorney
General assigned to the case.

13

(Dkt no 7, at p. 2.) The Court, on this one occasion, will excuse petitioner’s failure to

14

comply with his duty to serve a copy of his pleading on the Attorney General and attach

15

a certificate stating that he so served it. Petitioner is forewarned that from this point

16

forward, the Court will disregard any paper filed by petitioner that does not bear a

17

proper certificate of service on the Attorney General.

9
10
11

18

It is therefore ordered that petitioner’s request for an extension of time to file a

19

reply is granted. Petitioner’s reply to the answer shall be filed within sixty (60) days from

20

the date of entry of this order.

21

It is further ordered that the Clerk of Court shall send petitioner the first page of

22

the answer (dkt. no. 10, at p. 1) and the first page of the index of exhibits (dkt. no. 11, at

23

p. 1), bearing the date on which those documents were filed.

24

DATED THIS 29th day of October 2014.

25
26
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

27
28
2