Marquez v. McDaniel et al

Filing 29

ORDER granting nunc pro tunc ECF No. 13 Motion for Extension of Time to File Amended Petition; granting ECF No. 28 Motion to File Excess Pages; giving Respondents 45 days to respond to ECF No. 14 First Amended Petition. Petitioner to reply within 45 days thereafter. Signed by Judge Miranda M. Du on 6/6/2016. (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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ALEX MARQUEZ,

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Case No. 3:15-cv-00492-MMD-VPC
Petitioner,

ORDER

v.
E. K. McDANIEL, et al.,
Respondents.
Petitioner has filed an unopposed motion for extension of time to file amended
§ 2254 petition (third request) (ECF No. 13). The Court grants this motion.

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Petitioner has filed a first amended petition (ECF No. 14) and a motion to file a

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pleading in excess of thirty (30) pages (ECF No. 28). The Court grants the motion to file

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a long petition. The Court has reviewed the first amended petition pursuant to Rule 4 of

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the Rules Governing Section 2254 Cases in the United States District Courts.

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Respondents will need to respond to the first amended petition.

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It is therefore ordered that petitioner’s unopposed motion for extension of time to
file amended § 2254 petition (third request) (ECF No. 13) is granted nunc pro tunc.
It is further ordered that petitioner’s motion to file a pleading in excess of thirty
(30) pages (ECF No. 28) is granted.

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

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date of entry of this order to answer or otherwise respond to the first amended petition

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(ECF No. 14). Respondents must raise all potential affirmative defenses in the initial

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responsive pleading, including lack of exhaustion and procedural default. Successive

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motions to dismiss will not be entertained. If respondents file and serve an answer, then

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

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

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which the answer is served to file a reply.

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DATED THIS 6th day of June 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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