Gallegos v. Baca et al

Filing 10

ORDER Amended Petition due within 90 days. Courtesy copies of state court record exhibits shall be sent to staff attorney in Reno division. Please see attached for additional details and deadlines. Signed by Judge Robert C. Jones on 12/18/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FERNANDO GALLEGOS,

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Case No. 3:15-cv-00254-RCJ-VPC
Plaintiff,

ORDER

v.
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ISIDRO BACA, et al.,
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Defendants.
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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. §

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2254, by a Nevada state prisoner. On November 9, 2015, this court granted petitioner’s

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

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this action (ECF No. 5). On December 10, 2015, Jason Carr of the Federal Public

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Defender’s Office appeared on behalf of petitioner (ECF No. 9). The court now sets a

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schedule for further proceedings in this action.

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IT IS THEREFORE ORDERED that counsel for petitioner shall meet with

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

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

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explore with petitioner, as fully as possible, the potential grounds for habeas corpus

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

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

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likely 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 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
unexhausted).
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days
after service of an amended petition within which to answer, or otherwise respond to,
the amended petition. If petitioner does not file an amended petition, respondents shall
have forty-five (45) days from the date on which the amended petition is due within
which to answer, or otherwise respond to, petitioner’s original petition.
IT IS FURTHER ORDERED that, if and when respondents file an answer or
other responsive pleading, petitioner shall have thirty (30) days after service of the
answer or responsive pleading to file and serve his response.
IT IS FURTHER ORDERED that any state court record exhibits filed by the
parties herein shall be filed with an index of exhibits identifying the exhibits by number
or letter. The CM/ECF attachments that are filed shall further be identified by the
number or numbers (or letter or letters) of the exhibits in the attachment.
IT IS FURTHER ORDERED that the parties SHALL SEND courtesy copies of all
exhibits to the Reno Division of this court. While the Local Rules provide that
parties should send paper courtesy copies of filings over fifty pages, in this
instance, courtesy copies may be in paper form or as PDF documents saved to a
CD–so long as each PDF is clearly identified by exhibit number. Courtesy copies
shall be mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and directed
to the attention of “Staff Attorney” on the outside of the mailing address label.
Additionally, in the future, all parties shall provide courtesy copies of any additional
exhibits submitted to the court in this case, in the manner described above.

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DATED: 18 December 2015.

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ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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