Coleman v. LeGrand et al

Filing 21

ORDER granting nunc pro tunc 16 motion to extend time; granting 19 motion for leave to file under seal; directing Respondents to file a response to the 18 second amended petition within 90 days (by 5/12/2015). Petitioner to reply within 30 days thereafter. Any additional exhibits shall be filed with separate index. Hard copies of any exhibits shall be forwarded - for this case - to the staff attorneys in Reno. Signed by Judge Robert C. Jones on 2/11/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MELVIN CHARLES COLEMAN, JR.,
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Petitioner,

Case No. 3:14-cv-00337-RCJ-VPC

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vs.

ORDER

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ROBERT LEGRAND, et al.,
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Respondents.
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Petitioner, through counsel, has filed his second amended petition (#18). Good cause appearing,
petitioner’s motion for leave to file juvenile records under seal (#19) is granted.

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IT THEREFORE IS ORDERED that respondents shall file a response to the second amended

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petition, including potentially by motion to dismiss, within ninety (90) days of the date of this order,

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with any requests for relief by petitioner by motion otherwise being subject to the normal briefing

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schedule under the local rules. Any response filed shall comply with the remaining provisions

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below, which are entered pursuant to Habeas Rule 4.

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IT FURTHER IS ORDERED that any procedural defenses raised by respondents in this case

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shall be raised together in a single consolidated motion to dismiss. In other words, the court does not

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wish to address any procedural defenses raised herein either in seriatum fashion in multiple successive

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motions to dismiss or embedded in the answer. Procedural defenses omitted from such motion to

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dismiss will be subject to potential waiver. Respondents shall not file a response in this case that

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consolidates their procedural defenses, if any, with their response on the merits, except pursuant to 28

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U.S.C. § 2254(b)(2) as to any unexhausted claims clearly lacking merit. If respondents do seek

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dismissal of unexhausted claims under § 2254(b)(2): (a) they shall do so within the single motion to

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dismiss not in the answer; and (b) they shall specifically direct their argument to the standard for

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dismissal under § 2254(b)(2) set forth in Cassett v. Stewart, 406 F.3d 614, 623-24 (9th Cir. 2005). In

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short, no procedural defenses, including exhaustion, shall be included with the merits in an answer. All

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procedural defenses, including exhaustion, instead must be raised by motion to dismiss.

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IT FURTHER IS ORDERED that, in any answer filed on the merits, respondents shall

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specifically cite to and address the applicable state court written decision and state court record

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materials, if any, regarding each claim within the response as to that claim.

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IT FURTHER IS ORDERED that petitioner shall have thirty (30) days from service of the

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answer, motion to dismiss, or other response to file a reply or opposition, with any other requests for

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relief by respondents by motion otherwise being subject to the normal briefing schedule under the local

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rules.

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

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either petitioner or respondents shall be filed with a separate index of exhibits identifying the exhibits

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by number. The CM/ECF attachments that are filed further shall be identified by the number or

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

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

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IT FURTHER IS ORDERED that petitioner’s second motion to extend time (ECF #16) is
GRANTED nunc pro tunc.
IT FURTHER IS ORDERED that petitioner’s motion for leave to file juvenile records under
seal (ECF #19) is GRANTED.
Dated, this ___ day of January, 2015
DATED: This 11th day of February,2015.

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___________________________________

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UNITED STATES DISTRICT JUDGE

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