Leeds v. Baca et al

Filing 11

ORDER setting schedule for further proceedings. Second amended petition due within 90 days (see attached for additional deadlines). Parties shall send courtesy copies of exhibits to staff attorney in Reno division. Petitioner shall file no further pro se documents. Signed by Judge Larry R. Hicks on 12/2/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ROBERT MARC LEEDS,
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Petitioner,

Case No. 3:15-cv-00261-LRH-VPC

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vs.

ORDER

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WARDEN BACA, et al.,
Respondents.

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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a
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Nevada state prisoner.
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The original pro se petition and attachments were received by the Court on May 18, 2015.
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(ECF No. 1). A pro se amended petition was filed on June 1, 2015. (ECF No. 3). On October 29,
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2015, this Court granted petitioner’s motion for counsel and appointed the Federal Public Defender
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to represent petitioner in this action. (ECF No. 7). On November 30, 2015, Melanie Gavisk of the
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Federal Public Defender’s Office appeared on behalf of petitioner. (ECF No. 10). The Court now
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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
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soon as reasonably possible, if counsel has not already done so, to: (a) review the procedures
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applicable in cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as
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possible, the potential grounds for habeas corpus relief in petitioner’s case; and (c) advise petitioner
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that all possible grounds for habeas corpus relief must be raised at this time in this action and that

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the failure to do so will 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

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entry of this order, to FILE AND SERVE on respondents a second amended petition for writ of

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habeas corpus, which shall 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 the second amended petition within which to answer, or otherwise respond to, the second

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amended petition.

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IT IS FURTHER ORDERED that if and when respondents file an answer, petitioner shall
have forty-five (45) days after service of the answer to file and serve a reply.

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IT IS FURTHER ORDERED that all exhibits filed by the parties herein shall be filed with

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an index of exhibits identifying the exhibits by number. Exhibits filed in the CM/ECF system must

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correspond to the numbered exhibits identified in the index of exhibits.

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

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exhibits to the Reno Division of this Court. Courtesy copies shall be mailed to the Clerk of Court,

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400 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the

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outside of the mailing address label.

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IT IS FURTHER ORDERED that the all pleadings and court filings shall be served on the

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Federal Public Defender’s Office (FPD), at the address indicated on the FPD’s notice of appearance.

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IT IS FURTHER ORDERED that petitioner shall file no further pro se documents and
shall proceed by and through appointed counsel.
Dated this 2nd day of December, 2015.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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