Nelson v. Baker et al

Filing 5

ORDER - Clerk will file and electronically serve the # 2 Petition upon the respondents. ( E-service of # 2 Petition via NEF regeneration. ) The Clerk will add AG to the CM/ECF docket sheet as counsel for respondents. Answer/response to petition due by 1/17/2016. Any state court exhibits shall be filed with a separate index as specified herein; and hard copy forwarded to Reno staff attorneys. Henceforth P must serve AG a copy of every pleading submitted for consideration, together with a certificate of service. Signed by Judge Miranda M. Du on 12/3/2015. (Copies have been distributed pursuant to the NEF - DRM) Modified on 12/3/2015 to reflect copy of # 2 Petition mailed to P 12/3/2015 (DRM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VERNON W. NELSON, JR.,

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Case No. 3:15-cv-00403-MMD-WGC
Petitioner,

ORDER

v.
RENEE BAKER, et al.,
Respondents.

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28

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U.S.C. § 2254 by a Nevada state prisoner. Petitioner has paid the filing fee for this

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action. The petition must now be served on respondents.

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It is therefore ordered that the Clerk will file and electronically serve the petition

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(dkt. no. 2) upon the respondents. The Clerk of Court will add Attorney General Adam

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Paul Laxalt to the CM/ECF docket sheet as counsel for respondents.

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It is further ordered that respondents will have forty-five (45) days from entry of

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this order within which to answer, or otherwise respond to, the petition. In their answer

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or other response, respondents must address all claims presented in the petition.

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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 an answer is filed, respondents must comply with the

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requirements of Rule 5 of the Rules Governing Proceedings in the United States District

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Courts under 28 U.S.C. §2254. If an answer is filed, petitioner will have fort-five

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(45)days from the date of service of the answer to file a reply.

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It is further ordered that any state court record exhibits filed by respondents shall

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be filed with a separate index of exhibits identifying the exhibits by number or letter.

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The hard copy of all state court record exhibits shall be forwarded, for this case, to the

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staff attorneys in the Reno Division of the Clerk of Court.

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It is further ordered that, henceforth, petitioner must serve upon the Attorney

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General of the State of Nevada a copy of every pleading, motion, or other document he

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submits for consideration by the Court. Petitioner must include with the original paper

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submitted for filing a certificate stating the date that a true and correct copy of the

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document was mailed to the Attorney General. The Court may disregard any paper that

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does not include a certificate of service. After respondents appear in this action,

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petitioner must make such service upon the particular Deputy Attorney General

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assigned to the case.

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DATED THIS 3rd day of December 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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