Mendoza v. LeGrand et al

Filing 31

ORDER directing Respondents within 45 days to answer ECF No. 26 Second Amended Petition - Petitioner to reply within 45 days thereafter; granting Petitioner's ECF No. 29 Motion to Partially Waive LR IA 10-3(e). Signed by Judge Miranda M. Du on 8/17/2017. (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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ARMANDO C. MENDOZA,

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Case No. 3:15-cv-00507-MMD-VPC
Petitioner,

ORDER

v.
ROBERT LEGRAND, et al.,
Respondents.

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

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26). The Court has reviewed it, and respondents will need to file an answer or other

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response to it.

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Petitioner also has filed a motion to partially waive Local Rule IA 10-3(e) (ECF No.
29). The Court grants this motion.

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

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of entry of this order to answer or otherwise respond to the second amended petition.

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(ECF No. 26.) 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. If respondents file a motion, then the briefing

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schedule of Local Rule LR 7-2 will apply.

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It is further ordered that petitioner’s motion to partially waive Local Rule IA 10-3(e)
(ECF No. 29) is granted.
DATED THIS 17th day of August 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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