Toribio-Ruiz v. Baca et al

Filing 39

ORDER denying ECF No. 34 Motion for More Definite Statement; directing Respondents to file an answer within 45 days. Petitioner to reply within 45 days thereafter. Signed by Judge Miranda M. Du on 9/7/2016. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

HERIBERTO TORIBIO-RUIZ,

10
11
12

Case No. 3:14-cv-00492-MMD-WGC
Petitioner,

ORDER

v.
ISIDRO BACA et. al.,
Respondents.

13
14

Before the Court are the second amended petition for writ of habeas corpus

15

(ECF No. 31), respondents’ motion for a more definite statement (ECF No. 34),

16

petitioner’s opposition (ECF No. 36), and respondents’ reply (ECF No. 37). The Court

17

denies the motion.

18

Respondents argue that petitioner has not alleged any case law in support of

19

ground 1 in part and grounds 2 and 3 in full. The allegations in grounds 1 through 3 are

20

largely the same as the three issues that petitioner raised on direct appeal. See Exh. 88

21

at 12-27 (ECF No. 20-1 at 17-32). The Nevada Supreme Court was able to decide the

22

issues on their merits. See Exh. 93 (ECF No. 20-6). Petitioner does not need to cite to

23

court decisions in the petition, and the factual allegations in these grounds satisfy the

24

requirements of Rule 2 of the Rules Governing Section 2254 Cases in the United States

25

District Courts. The Court will be able to determine whether the Nevada Supreme

26

Court’s decision is due the deference of 28 U.S.C. § 2254(d)(1).

27
28

It is therefore ordered that respondents’ motion for a more definite statement
(ECF No. 34) is denied.
24)

1

It is further ordered that respondents will have forty-five (45) days from the date

2

of entry of this order to file and serve an answer, which must comply with Rule 5 of the

3

Rules Governing Section 2254 Cases in the United States District Courts. Petitioner will

4

have forty-five (45) days from the date on which the answer is served to file a reply.

5

DATED THIS 7th day of September 2016.

6
7

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2