Yowell v. Baca et al

Filing 27

ORDER re ECF No. 23 Amended Petition for Writ of Habeas Corpus: Respondents' answer or other response due within 45 days. Signed by Judge Miranda M. Du on 7/19/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROBERT STEVEN YOWELL,

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Case No. 3:15-cv-00318-MMD-WGC
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,
Respondents.

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Petitioner has filed an amended petition (ECF No. 23). The Court has reviewed it

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

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

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

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entry of this order to answer or otherwise respond to the amended petition (ECF No.

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23). Respondents must raise all potential affirmative defenses in the initial responsive

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pleading, including lack of exhaustion and procedural default. Successive motions to

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dismiss will not be entertained. If respondents file and serve an answer, then they must

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

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

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the answer is served to file a reply.

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DATED THIS 19th day of July 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE