Villatoro v. LeGrand et al

Filing 8

ORDER Counsel for petitioner shall meet with petitioner as soon as possible to review items as listed in attached order. Amended Petition due by 4/10/2015. Please see attached for further details and deadlines. Signed by Judge Robert C. Jones on 10/21/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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BALMORE ALEXANDER VILLATORO,
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Petitioner,

Case No. 3:14-cv-00467-RCJ-WGC

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vs.

ORDER

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ROBERT LEGRAND, et al.,
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Respondents.
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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,

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filed by a Nevada state prisoner. On September 16, 2014, the court granted petitioner’s motion for

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appointment of counsel, and appointed the Federal Public Defender to represent petitioner in this action

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(#3). On October 16, 2014, Ryan Norwood of the Federal Public Defender’s Office appeared on behalf

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of petitioner (#7). The court now sets a schedule for further proceedings in this action.

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IT IS THEREFORE ORDERED that counsel for petitioner shall meet with petitioner

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as soon as reasonably possible, if counsel has not already done so, to: (a) review the procedures

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applicable in cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as possible,

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the potential grounds for habeas corpus relief in petitioner’s case; and (c) advise petitioner that all

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possible grounds for habeas corpus relief must be raised at this time in this action and that the failure

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to do so will likely result in any omitted grounds being barred from future review.

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IT IS FURTHER ORDERED that petitioner shall have up to and including April 10,

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2015 to FILE AND SERVE on respondents an amended petition for writ of habeas corpus, which shall

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include all known grounds for relief (both exhausted and unexhausted).

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IT IS FURTHER ORDERED that respondents shall have thirty (30) days after service

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of an amended petition within which to answer, or otherwise respond to, the amended petition. If

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petitioner does not file an amended petition, respondents shall have thirty (30) days from the date on

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which the amended petition is due within which to answer, or otherwise respond to, petitioner’s original

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petition.

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IT IS FURTHER ORDERED that if and when respondents file an answer, petitioner
shall have thirty (30) days after service of the answer to file and serve a reply.

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IT IS FURTHER ORDERED that any state court record exhibits filed by the parties

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herein shall be filed with an index of exhibits identifying the exhibits by number or letter. The CM/ECF

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attachments that are filed shall further be identified by the number or numbers (or letter or letters) of

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the exhibits in the attachment.

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Dated this 21st day of October, 2014.
Dated this ______ day of October, 2014.

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UNITED STATES DISTRICT JUDGE

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