Morris v. Smith et al

Filing 4

ORDER - Clerk shall FILE and ELECTRONICALLY SERVE # 2 petition on Rs. ( E-service of instant Order to AG performed 6/11/2015; Petition via NEF regeneration. ) Answer to petition due by 9/9/2015; Reply to Answer due 30 days from service thereof. Any additional state court exhibits shall be filed with separate index; as specified herein. Parties SHALL SEND courtesy copies of exhibits to Reno Staff Attorney. Signed by Judge Robert C. Jones on 6/11/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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BRENT ELI MORRIS,
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Petitioner,

Case No. 3:15-cv-00277-RCJ-WGC

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vs.

ORDER

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GREG SMITH, et al.,
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Respondents.
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Petitioner filed a petition for a writ of habeas corpus and paid the filing fee. The court has
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reviewed the petition pursuant to Habeas Rule 4, and the petition shall be docketed and served.
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A petition for federal habeas corpus should include all claims for relief of which petitioner is
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aware. If petitioner fails to include such a claim in his petition, he may be forever barred from seeking
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federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive petitions). If petitioner is
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aware of any claim not included in his petition, he should notify the court of that as soon as possible,
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perhaps by means of a motion to amend his petition to add the claim.
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IT THEREFORE IS ORDERED that the Clerk ELECTRONICALLY SERVE the petition
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(ECF #2) on the respondents.
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IT FURTHER IS ORDERED that respondents shall file a response to the petition, including
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potentially by motion to dismiss, within ninety (90) days of service of the petition, with any requests
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for relief by petitioner by motion otherwise being subject to the normal briefing schedule under the local
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rules. Any response filed shall comply with the remaining provisions below, which are entered

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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 or other exhibits

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filed herein by either petitioner or respondents shall be filed with a separate index of exhibits identifying

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the exhibits by number. The CM/ECF attachments that are filed further shall be identified by the

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number or numbers of the exhibits in the attachment.

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IT FURTHER IS ORDERED that the parties SHALL SEND courtesy copies of all exhibits

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to the Reno Division of this court. While the Local Rules provide that parties should send paper

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courtesy copies of filings over fifty pages, in this instance, courtesy copies may be in paper form
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or as PDF documents saved to a CD–so long as each PDF is clearly identified by exhibit number.

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Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and

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directed to the attention of “Staff Attorney” on the outside of the mailing address label. Additionally,

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in the future, all parties shall provide courtesy copies of any additional exhibits submitted to the court

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in this case, in the manner described above.

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Dated this 11th day dayJune, 2015.
Dated this ______ of of June, 2015.

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UNITED STATES DISTRICT JUDGE

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