Tripp v. Baca et al

Filing 6

ORDER directing the Clerk to file and electronically serve petition upon respondents. Respondents will have 45 days to answer / respond to petition. Reply due 45 days thereafter. Hard copy of any state court record exhibits must be forwarded to staff attorneys in Reno Division. Signed by Judge Miranda M. Du on 8/15/16. (Copies have been distributed pursuant to the NEF - JC)

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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,

ORDER

v.
ISIDRO BACA, 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. (ECF No. 4). The Court has reviewed the habeas petition, and it will be served

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on respondents. Respondents will file a response to the petition, as set forth at the

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conclusion of this order.

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

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No. 1-1) upon the respondents. The Clerk of Court will add Attorney General Adam Paul

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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 the entry

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

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

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petition. 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 an answer is filed, respondents must

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comply with the requirements of Rule 5 of the Rules Governing Proceedings in the

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United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner will

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have forty-five (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 must

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

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

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attorneys in the Reno Division of the Clerk of Court.

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DATED THIS 15th day of August 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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