Smith v. Baca et al

Filing 9

ORDER directing counsel for Petitioner to meet with Petitioner as soon as reasonably possible; directing Clerk to add NV AG as counsel for Respondents and to e-serve them a copy of this order (NEF sent 7/1/2015). Respondents' counsel to enter a notice of appearance within 10 days. Petitioner to file an amended petition within 90 days; Respondents to respond within 45 days thereafter; Petitioner to reply within 45 days after response. Any exhibits to be filed with separate index. Hard copies of any exhibits to be forwarded to the staff attorneys in Reno. Petitioner to file no further pro se documents. Signed by Judge Miranda M. Du on 7/1/2015. (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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***

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JACOB SMITH,

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Case No. 3:14-cv-00512-MMD-VPC
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,
Respondents.
This is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,
by a Nevada state prisoner represented by counsel.

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The original pro se petition and attachments were received by the Court on

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October 3, 2014. (Dkt. no. 1.) On April 29, 2015, this Court granted petitioner’s motion

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for counsel and appointed the Federal Public Defender to represent petitioner in this

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action. (Dkt. no. 5.) On June 29, 2015, Jason F. Carr of the Federal Public Defender’s

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Office appeared on behalf of petitioner. (Dkt. no. 8.) The Court now sets a schedule for

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further proceedings in this action.

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It is therefore ordered that counsel for petitioner shall meet with petitioner as

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

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procedures applicable in cases under 28 U.S.C. § 2254; (b) discuss and explore with

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petitioner, as fully as possible, the potential grounds for habeas corpus relief in

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petitioner’s case; and (c) advise petitioner that all possible grounds for habeas corpus

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relief must be raised at this time in this action and that the failure to do so will likely

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result in any omitted grounds being barred from future review.

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It is further ordered that the Clerk of Court shall add Nevada Attorney General

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Adam Paul Laxalt to the CM/ECF docket sheet and serve respondents with a copy of

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this order. Respondents’ counsel shall enter a notice of appearance in this action within

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ten (10) days of entry of this order.

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It is further ordered that petitioner shall have ninety (90) days from the date of

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entry of this order, to file and serve on respondents an amended petition for writ of

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habeas corpus, which shall include all known grounds for relief (both exhausted and

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unexhausted).

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It is further ordered that respondents shall have forty-five (45) days after service

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

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petition. If petitioner does not file an amended petition, respondents shall have forty-five

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(45) days from the date on which the amended petition is due within which to answer, or

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otherwise respond to, petitioner’s original petition.
It is further ordered that if and when respondents file an answer, petitioner shall

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have forty-five (45) days after service of the answer to file and serve a reply.

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It is further ordered that all exhibits filed by the parties herein shall be filed with

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an index of exhibits identifying the exhibits by number. Exhibits filed in the CM/ECF

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system must correspond to the numbered exhibits identified in the index of exhibits.

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It is further ordered that the parties shall send courtesy (paper) copies of all

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exhibits to the Reno Division of this Court. Courtesy copies shall be mailed to the Clerk

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of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff

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Attorney” on the outside of the mailing address label.

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It is further ordered that all pleadings and court filings shall be served on the

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Federal Public Defender’s Office (FPD), at the address indicated on the FPD’s notice of

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appearance.

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It is further ordered that petitioner shall file no further pro se documents and shall
proceed by and through appointed counsel.
DATED THIS 1st day of July 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE