Cobb v. McDaniels et al

Filing 31

ORDER - Answer/response to ECF No. 17 Second Amended Petition due by 7/22/2016. Reply due 45 days thereafter. Signed by Judge Miranda M. Du on 6/7/2016. (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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DELBERT CHARLES COBB,

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Case No. 3:15-cv-00172-MMD-WGC
Petitioner,

ORDER

v.
E. K. McDANIELS,
Respondents.

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Petitioner has filed a second amended petition. (ECF No. 17.) 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 second amended

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petition (ECF No. 17). Respondents must raise all potential affirmative defenses in the

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

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Successive motions to dismiss will not be entertained. If respondents file and serve an

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answer, then they must comply with Rule 5 of the Rules Governing Section 2254 Cases

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in the United States District Courts, and then petitioner will have forty-five (45) days

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from the date on which the answer is served to file a reply.

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DATED THIS 7th day of June 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE