Gill v. Baca et al

Filing 17

ORDER re 16 Amended Petition for Writ of Habeas Corpus : Respondents' Answer/response due by 12/25/2015; Reply due 45 days from service of answer. Signed by Judge Miranda M. Du on 11/10/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KEVIN ROHN GILL,

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Case No. 3:14-cv-00628-MMD-WGC
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,
Respondents.

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Petitioner has filed a first amended petition. (Dkt. no. 16.) The Court has

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reviewed it pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United

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States District Courts. The Court will direct respondents to file a response.

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

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date of entry of this order to answer or otherwise respond to the first amended petition

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(dkt. no. 16). Respondents must raise all potential affirmative defenses in the initial

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responsive pleading, including lack of exhaustion and procedural default. Successive

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motions to dismiss will not be entertained. If respondents file and serve an answer, then

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they mustl comply with Rule 5 of the Rules Governing Section 2254 Cases in the United

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States District Courts, and then petitioner will have forty-five (45) days from the date on

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which the answer is served to file a reply.

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DATED THIS 10th day of November 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE