Hall v. Baca et al
Filing
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ORDER FPD appointed as counsel for petitioner, with Melanie Gavisk, Esq., appearing. Petitioner shall have 120 days to file amended petition and/or seek other appropriate relief. Please see attached for further details and additional deadlines. Signed by Judge Robert C. Jones on 3/25/15. (Copies have been distributed pursuant to the NEF - JC)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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DAMIAN HALL,
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Petitioner,
Case No. 3:14-cv-00613-RCJ-WGC
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vs.
ORDER
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MR. BACA, et al.,
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Respondents.
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Following upon the notice (#7) of appearance by petitioner’s counsel in this habeas matter,
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IT IS ORDERED that the Federal Public Defender's Office is appointed as counsel for
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petitioner pursuant to 18 U.S.C. § 3006A(a)(2)(B), with Melanie Gavisk, Esq., appearing as petitioner’s
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counsel of record.
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IT FURTHER IS ORDERED that petitioner shall have until up to and including one hundred
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twenty (120) days from entry of this order within which to file an amended petition and/or seek other
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appropriate relief. Neither the foregoing deadline nor any extension thereof signifies or will signify any
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implied finding as to the expiration of the federal limitation period and/or of a basis for tolling during
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the time period established. Petitioner at all times remains responsible for calculating the running of
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the federal limitation period and timely asserting claims, without regard to any deadlines established
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or extensions granted herein. That is, by setting a deadline to amend the petition and/or by granting any
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extension thereof, the court makes no finding or representation that the petition, any amendments
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thereto, and/or any claims contained therein are not subject to dismissal as untimely. See Sossa v. Diaz,
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729 F.3d 1225, 1235 (9th Cir. 2013).
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IT FURTHER IS ORDERED that respondents shall file a response to the amended petition,
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including potentially by motion to dismiss, within sixty (60) days of service of the amended petition,
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with any requests for relief by petitioner by motion otherwise being subject to the normal briefing
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schedule under the local rules. Any response filed shall comply with the remaining provisions
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below, which are entered pursuant to Habeas Rule 4.
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IT FURTHER IS ORDERED that any procedural defenses raised by respondents in this case
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shall be raised together in a single consolidated motion to dismiss. In other words, the court does not
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wish to address any procedural defenses raised herein either in seriatum fashion in multiple successive
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motions to dismiss or embedded in the answer. Procedural defenses omitted from such motion to
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dismiss will be subject to potential waiver. Respondents shall not file a response in this case that
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consolidates their procedural defenses, if any, with their response on the merits, except pursuant to 28
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U.S.C. § 2254(b)(2) as to any unexhausted claims clearly lacking merit. If respondents do seek
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dismissal of unexhausted claims under § 2254(b)(2): (a) they shall do so within the single motion to
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dismiss not in the answer; and (b) they shall specifically direct their argument to the standard for
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dismissal under § 2254(b)(2) set forth in Cassett v. Stewart, 406 F.3d 614, 623-24 (9th Cir. 2005). In
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short, no procedural defenses, including exhaustion, shall be included with the merits in an answer. All
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procedural defenses, including exhaustion, instead must be raised by motion to dismiss.
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IT FURTHER IS ORDERED that, in any answer filed on the merits, respondents shall
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specifically cite to and address the applicable state court written decision and state court record
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materials, if any, regarding each claim within the response as to that claim.
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IT FURTHER IS ORDERED that petitioner shall have thirty (30) days from service of the
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answer, motion to dismiss, or other response to file a reply or opposition, with any other requests for
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relief by respondents by motion otherwise being subject to the normal briefing schedule under the local
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rules.
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IT FURTHER IS ORDERED that any additional state court record exhibits filed herein by
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either petitioner or respondents shall be filed with a separate index of exhibits identifying the exhibits
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by number. The CM/ECF attachments that are filed further shall be identified by the number or
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numbers of the exhibits in the attachment.
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Dated: This 25th day of March, 2015.
Dated this ______ day of March, 2015.
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___________________________________
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UNITED STATES DISTRICT JUDGE
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