Tripp v. Baca et al

Filing 18

ORDER - Respondents must file a supplemental answer to the petition, addressing the ex post facto claim, by 4/25/2018. Any supplemental reply due 30 days after service of supplemental answer. Signed by Judge Miranda M. Du on 3/26/2018. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WALTER TRIPP,

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Case No. 3:16-cv-00006-MMD-VPC
Petitioner,

v.

ORDER

NEVADA STATE PAROLE BOARD, et al.,
Respondents.

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This pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF

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No. 7) is pending before the Court for consideration on the merits. Respondents have

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answered the petition (ECF No. 9), and petitioner has replied (ECF No. 13).

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Petitioner asserts several grounds for relief, including equal protection, due

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process, double jeopardy, and ex post facto. Respondents have failed to respond to

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petitioner’s ex post facto claim, contained in Ground Four of the petition. The state courts

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also failed to address this claim, despite it being raised in the petitioner’s state court

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habeas petition. Accordingly, this Court must consider petitioner’s ex post facto claim de

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novo, but it lacks sufficient information to do so.

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It is therefore ordered that respondents must file a supplemental answer to the

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petition, addressing the ex post facto claim, within thirty (30) days of the date of this order.

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In answering this claim, respondents must provide, if they are available, the parole

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guidelines as they existed in 1991. Petitioner will then have thirty (30) days after service

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of the supplemental answer within which to file a supplemental reply, if any.

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DATED THIS 26th day of March 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE