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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KENNETH MAURICE GRANT,

Case No. 3:16-cv-00104-MMD-VPC
Petitioner,

ORDER

v.

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QUENTIN BYRNE, et al.,
Respondents.

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On November 21, 2017, the Federal Public Defender (FPD) filed a notice of

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appearance on behalf of the petitioner in this action under 28 U.S.C. § 2254. (ECF No.

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36.) Accordingly, the court will schedule further proceedings.

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It is therefore ordered that the FPD will have forty-five (45) days from the date of

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entry of this order to file an amended petition for writ of habeas corpus, if counsel so

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chooses.

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It is further ordered that respondents will file a response to the petition, including

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potentially a motion to dismiss, within sixty (60) days of the date on which the petitioner

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files an amended petition or the date on which the period for filing an amended petition

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expires, with any requests for relief by petitioner by motion otherwise being subject to

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the normal briefing schedule under the local rules. Any response filed must comply with

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the remaining provisions below and Rule 5 of the Rules Governing Habeas Corpus

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Cases Under Section 2254.

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It is further ordered that if respondents file an answer, petitioner will have forty-

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five (45) days from the date on which the answer is served on him to file and serve a

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reply. If respondents file a motion to dismiss, petitioner will have forty-five (45) days

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from the date on which the motion is served on him to file and serve a response to the

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motion to dismiss, and respondents will, thereafter, have thirty (30) days to file a reply in

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support of the motion.

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

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either petitioner or respondents must be filed with a separate index of exhibits

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identifying the exhibits by number. The CM/ECF attachments that are filed further must

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be identified by the number or numbers of the exhibits in the attachment. The hard copy

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of any additional state court record exhibits must be forwarded — for this case — to the

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staff attorneys in Reno.

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DATED THIS 22nd day of November 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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