Jones v. Timothy Filson, et al.

Filing 12

ORDER - Within 15 days of the date of entry of this order Respondents SHALL SERVE the 9 motion to dismiss and 10 supporting exhibits on petitioner at his current address at ESP; Within 15 days of the date of entry of this order respondents SHAL L FILE a notice with the Court indicating that they have served the motion and exhibits on petitioner at his current address. FURTHER ORD the parties shall comply with Rule 7-2 of the Local Rules of Civil Practice regarding briefing the motion to dismiss. FURTHER ORD that pursuant to Rule 2-2 of the Local Rules of Special Proceedings and Appeals, petitioner SHALL FILE with the Court and SERVE on opposing counsel notice of any change of address. FURTHER ORD Clerk of Court SHALL SEND petitioner the CM/ECF docket printout for this case. ( Mailed to P 12/30/2015. ) Signed by Judge Howard D. McKibben on 12/30/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOHNNY JONES,
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Petitioner,

Case No. 3:15-cv-320-HDM-WGC

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vs.

ORDER

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RENEE BAKER, et al.,
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Respondents.
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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254

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by a Nevada state prisoner. On December 28, 2015, petitioner filed a request for a status update in

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this case. (ECF No. 11). Petitioner is informed that on December 22, 2015, respondents filed a

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motion to dismiss the petition, along with supporting exhibits. (ECF Nos. 9 & 10). The certificate

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of service attached to the motion to dismiss indicates that the motion and supporting exhibits were

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served on petitioner at High Desert State Prison. (ECF No. 9, at p. 19). Within 15 days of the date

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of entry of this order, respondents shall serve petitioner with the motion to dismiss and supporting

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exhibits at his current address at Ely State Prison. Thereafter, the parties shall comply with Rule 7-2

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of the Local Rules of Civil Practice regarding briefing the motion. Under Local Rule 7-2, petitioner

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has 14 days in which to file and serve on opposing counsel a response to the motion to dismiss once

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he is properly served with the motion. Once served with the response, respondents have 7 days to

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file a reply. Additionally, petitioner is advised that, pursuant to Rule 2-2 of the Local Rules of

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Special Proceedings and Appeals, he must file with the Court and serve on opposing counsel notice

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of any change of address.

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IT IS THEREFORE ORDERED that within fifteen (15) days of the date of entry of this

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order, respondents SHALL SERVE the motion to dismiss and supporting exhibits (ECF Nos. 9 &

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10) on petitioner at his current address at Ely State Prison, P.O. Box 1989, Ely, NV 89301. Within

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fifteen (15) days of the date of entry of this order, respondents SHALL FILE a notice with the

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Court indicating that they have served the motion and exhibits on petitioner at his current address.

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IT IS FURTHER ORDERED that the parties shall comply with Rule 7-2 of the Local
Rules of Civil Practice regarding briefing the motion to dismiss.
IT IS FURTHER ORDERED that pursuant to Rule 2-2 of the Local Rules of Special

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Proceedings and Appeals, petitioner SHALL FILE with the Court and SERVE on opposing

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counsel notice of any change of address. Failure to do so may result in dismissal of this action.

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IT IS FURTHER ORDERED that the Clerk of Court SHALL SEND petitioner the
CM/ECF docket printout for this case.
Dated this 30th day of December, 2015.

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HOWARD D. McKIBBEN
UNITED STATES DISTRICT JUDGE

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