Grant v. Byrne et al

Filing 37

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)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 11 KENNETH MAURICE GRANT, Case No. 3:16-cv-00104-MMD-VPC Petitioner, ORDER v. 12 13 QUENTIN BYRNE, et al., Respondents. 14 15 16 On November 21, 2017, the Federal Public Defender (FPD) filed a notice of 17 appearance on behalf of the petitioner in this action under 28 U.S.C. § 2254. (ECF No. 18 36.) Accordingly, the court will schedule further proceedings. 19 It is therefore ordered that the FPD will have forty-five (45) days from the date of 20 entry of this order to file an amended petition for writ of habeas corpus, if counsel so 21 chooses. 22 It is further ordered that respondents will file a response to the petition, including 23 potentially a motion to dismiss, within sixty (60) days of the date on which the petitioner 24 files an amended petition or the date on which the period for filing an amended petition 25 expires, with any requests for relief by petitioner by motion otherwise being subject to 26 the normal briefing schedule under the local rules. Any response filed must comply with 27 the remaining provisions below and Rule 5 of the Rules Governing Habeas Corpus 28 Cases Under Section 2254. 1 It is further ordered that if respondents file an answer, petitioner will have forty- 2 five (45) days from the date on which the answer is served on him to file and serve a 3 reply. If respondents file a motion to dismiss, petitioner will have forty-five (45) days 4 from the date on which the motion is served on him to file and serve a response to the 5 motion to dismiss, and respondents will, thereafter, have thirty (30) days to file a reply in 6 support of the motion. 7 It is further ordered that any additional state court record exhibits filed herein by 8 either petitioner or respondents must be filed with a separate index of exhibits 9 identifying the exhibits by number. The CM/ECF attachments that are filed further must 10 be identified by the number or numbers of the exhibits in the attachment. The hard copy 11 of any additional state court record exhibits must be forwarded — for this case — to the 12 staff attorneys in Reno. 13 DATED THIS 22nd day of November 2017. 14 15 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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