Alvarez v. Nevens et al

Filing 40

ORDER giving Respondents 45 days to respond to ECF No. 34 Second Amended Petition - Petitioner to reply within 45 days thereafter; granting Petitioner's ECF No. 36 Motion for Leave to File Exhibit Under Seal; granting Petitioner's ECF No. 38 Motion to Partially Waive LR IA 10-3(e). Signed by Judge Robert C. Jones on 1/24/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOSE IRAEL ALVAREZ,

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Petitioner,

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vs.

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Case No. 3:15-cv-00363-RCJ-WGC

DWIGHT NEVEN, et al.,

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ORDER

Respondents.

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Petitioner has filed a second amended petition for writ of habeas corpus (ECF No. 34). The

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court has reviewed it pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United

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States District Courts. The court will direct respondents to file a response.

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Petitioner has filed a motion for leave to file exhibit under seal (ECF No. 36) and a motion
to partially waive Local Rule IA 10-3(e) (ECF No. 38). The court grants these motions.
IT IS THEREFORE ORDERED that respondents shall have forty-five (45) days from the

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

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34). Respondents shall raise all potential affirmative defenses in the initial responsive pleading,

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including lack of exhaustion and procedural default. Successive motions to dismiss will not be

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entertained. If respondents file and serve an answer, then they shall comply with Rule 5 of the

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Rules Governing Section 2254 Cases in the United States District Courts, and then petitioner shall

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have forty-five (45) days from the date on which the answer is served to file a reply. If respondents

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file a motion, then the briefing schedule of Local Rule LR 7-2 shall apply.

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IT IS FURTHER ORDERED that petitioner’s motion for leave to file exhibit under seal
(ECF No. 36) is GRANTED.
IT IS FURTHER ORDERED that petitioner’s motion to partially waive Local Rule IA 103(e) (ECF No. 38) is GRANTED.
DATED: January 24, 2017.

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_________________________________
ROBERT C. JONES
United States District Judge

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