Baker v. Social Security

Filing 6

Please disregard. Docketed in incorrect case. ORDER Amended Petition due within 90 days. Courtesy copy of exhibits must be mailed to staff attorney in Reno Division. Please see attached for further details and deadlines. Signed by Judge Miranda M. Du on 12/16/15. (Copies have been distributed pursuant to the NEF - JC) Modified on 12/16/2015 (JC).

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

EDWARD G. RODRIGUEZ,

10
11
12
13

Case No. 3:15-cv-00339-MMD-WGC
Petitioner,

ORDER

v.
R. BAKER, et al.,
Respondents.

14

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

15

U.S.C. § 2254 by a Nevada state prisoner. On November 13, 2015, this Court granted

16

petitioner’s motion for counsel and appointed the Federal Public Defender to represent

17

petitioner in this action. (Dkt. no. 6.) On December 14, 2015, Kenneth Lee of the

18

Federal Public Defender’s Office appeared on behalf of petitioner. (Dkt. no. 8.) The

19

Court now sets a schedule for further proceedings in this action.

20

It is therefore ordered that counsel for petitioner meet with petitioner as soon as

21

reasonably possible, if counsel has not already done so, to: (a) review the procedures

22

applicable in cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as

23

fully as possible, the potential grounds for habeas corpus relief in petitioner’s case; and

24

(c) advise petitioner that all possible grounds for habeas corpus relief must be raised at

25

this time in this action and that the failure to do so will likely result in any omitted

26

grounds being barred from future review.

27

It is further ordered that petitioner will have ninety (90) days from the date of

28

entry of this order, to file and serve on respondents an amended petition

1

for writ of habeas corpus, which must include all known grounds for relief (both

2

exhausted and unexhausted).

3

It is further ordered that respondents will have thirty (30) days after service of an

4

amended petition within which to answer, or otherwise respond to, the amended

5

petition. If petitioner does not file an amended petition, respondents will have thirty (30)

6

days from the date on which the amended petition is due within which to answer, or

7

otherwise respond to, petitioner’s original petition.

8
9

It is further ordered that if and when respondents file an answer, petitioner will
have thirty (30) days after service of the answer to file and serve a reply.

10

It is further ordered that any state court record exhibits filed by the parties herein

11

must be filed with an index of exhibits identifying the exhibits by number or letter. The

12

CM/ECF attachments that are filed must further be identified by the number or numbers

13

(or letter or letters) of the exhibits in the attachment.

14

It is further ordered that the parties must send courtesy (paper) copies of all

15

exhibits presented in support of the amended petition and the response to the amended

16

petition to the Reno Division of this Court. Courtesy copies must be mailed to the Clerk

17

of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff

18

Attorney” on the outside of the mailing address label. Additionally, in the future, all

19

parties must provide courtesy copies of any additional exhibits submitted to the Court in

20

this case, in the manner described above.

21

It is further ordered that the Clerk of Court will modify the docket to remove

22

petitioner’s address from the CM/ECF docket and replace it with the address for the

23

Federal Public Defender’s Office, as indicated on the notice of appearance.

24
25
26

It is further ordered that petitioner file no further pro se documents and proceed
by and through appointed counsel.
DATED THIS 16th day of December 2015.

27
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

28
2