Grant v. Byrne et al
ORDER re ECF No. 36 Notice of Appearance by FPD. FPD has until 1/6/2018 to file an amended petition; response/answer to the petition due within 60 days thereafter; reply/opposition due 45 days after service of answer; any additional state court record exhibits filed herein; parties shall send copies of all exhibits to the Reno "Staff Attorney". See order for further details and instructions. Signed by Judge Miranda M. Du on 11/22/2017. (Copies have been distributed pursuant to the NEF - LH)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
KENNETH MAURICE GRANT,
Case No. 3:16-cv-00104-MMD-VPC
QUENTIN BYRNE, et al.,
On November 21, 2017, the Federal Public Defender (FPD) filed a notice of
appearance on behalf of the petitioner in this action under 28 U.S.C. § 2254. (ECF No.
36.) Accordingly, the court will schedule further proceedings.
It is therefore ordered that the FPD will have forty-five (45) days from the date of
entry of this order to file an amended petition for writ of habeas corpus, if counsel so
It is further ordered that respondents will file a response to the petition, including
potentially a motion to dismiss, within sixty (60) days of the date on which the petitioner
files an amended petition or the date on which the period for filing an amended petition
expires, with any requests for relief by petitioner by motion otherwise being subject to
the normal briefing schedule under the local rules. Any response filed must comply with
the remaining provisions below and Rule 5 of the Rules Governing Habeas Corpus
Cases Under Section 2254.
It is further ordered that if respondents file an answer, petitioner will have forty-
five (45) days from the date on which the answer is served on him to file and serve a
reply. If respondents file a motion to dismiss, petitioner will have forty-five (45) days
from the date on which the motion is served on him to file and serve a response to the
motion to dismiss, and respondents will, thereafter, have thirty (30) days to file a reply in
support of the motion.
It is further ordered that any additional state court record exhibits filed herein by
either petitioner or respondents must be filed with a separate index of exhibits
identifying the exhibits by number. The CM/ECF attachments that are filed further must
be identified by the number or numbers of the exhibits in the attachment. The hard copy
of any additional state court record exhibits must be forwarded — for this case — to the
staff attorneys in Reno.
DATED THIS 22nd day of November 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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