DeCastro v. LeGrand et al

Filing 26

ORDER directing counsel for petitioner to meet with petitioner as soon as reasonably possible. Petitioner to file and serve an amended petition within 90 days; respondents to respond within 45 days thereafter; petitioner to reply within 30 days aft er response. Any state court exhibits shall be filed with separate index. Hard copies of any exhibits shall be forwarded to the staff attorneys in Reno. (Amended Petition due by 8/31/2015.) Signed by Judge Robert C. Jones on 6/1/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CASTRO V. DECASTRO,
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Petitioner,

Case No. 3:14-cv-00529-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, filed by
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a Nevada state prisoner. On April 28, 2015, this court granted petitioner’s motion for counsel and
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appointed the Federal Public Defender to represent petitioner in this action (ECF #24). On May 28,
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2015, T. Kenneth Lee of the Federal Public Defender’s Office appeared on behalf of petitioner (ECF
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#25). 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 as soon
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as reasonably possible, if counsel has not already done so, to: (a) review the procedures applicable in
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cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as possible, the potential
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grounds for habeas corpus relief in petitioner’s case; and (c) advise petitioner that all possible grounds
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for habeas corpus 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 petitioner shall have ninety (90) days from the date of this

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order 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 forty-five (45) 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 forty-five (45) days from the date

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

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original 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 herein

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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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IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of all

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exhibits presented in support of the amended petition and the response to the amended petition to the

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Reno Division of this court. Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia St.,

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Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the outside of the mailing address

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label. Additionally, in the future, all parties shall provide courtesy copies of any additional exhibits

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submitted to the court in this case, in the manner described above.

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Dated: June 1, 2015. of June, 2015.
Dated, this ___ day
___________________________________
UNITED STATES DISTRICT JUDGE

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