Silva v. LeGrand et al

Filing 28

ORDER directing Respondents to respond to the 19 first amended petition within 60 days; Petitioner to reply within 45 days thereafter. If Respondents file a motion to dismiss, Petitioner to respond within 30 days; Respondents to reply within 20 days thereafter. Signed by Judge Robert C. Jones on 6/25/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRANCISCO SILVA,

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Petitioner,

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vs.

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ROBERT LeGRAND, et al.,

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3:14-cv-00342-RCJ-WGC

Respondents.

ORDER

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_________________________________/

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In this habeas corpus action, the petitioner, Francisco Silva, filed a first amended petition for
writ of habeas corpus on June 24, 2015 (ECF No. 19).

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In this order, the court sets a schedule for further proceedings in this action.

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IT IS THEREFORE ORDERED that, within 60 days after the entry of this order,

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respondents shall file an answer or other response to the second amended petition. Respondents

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shall, in their initial responsive pleading, whether it is a motion or an answer, raise all potential

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procedural defenses, including lack of exhaustion and procedural default.

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IT IS FURTHER ORDERED that, if respondents file an answer, petitioner shall have 45

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days from the date on which the answer is served to file and serve a reply.

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IT IS FURTHER ORDERED that, if respondents file a motion to dismiss, petitioner shall

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have 30 days to respond to the motion to dismiss, and respondents shall, thereafter, have 20 days to

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file a reply in support of the motion.

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Dated this 25th day of June, 2015.
Dated this _____ day of June, 2015.

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UNITED STATES DISTRICT JUDGE

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