Jones v. Baker et al

Filing 3

ORDER - ECF No. 1 IFP application is granted. Clerk shall file the petition. Clerk shall add AG as counsel for Rs. Clerk shall e-serve Rs the petition and this order; ( E-service 5/4/2016. ) and return copy of petition to P. (Mailed 5/4/2016.) Answ er due by 6/18/2016; reply due 45 days from service of answer. Any exhibits shall be filed with index as specified herein, and hard copy forwarded to Las Vegas staff attorneys. Henceforth P shall serve Rs a copy of every pleading, together with a certificate of service. Signed by Judge Miranda M. Du on 5/3/2016. (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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JOHNNY JONES,

Case No. 3:16-cv-00114-MMD-WGC
Petitioner,

ORDER

v.
RENEE BAKER, et al.,

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Respondents.

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Petitioner has submitted an application to proceed in forma pauperis (ECF No. 1)
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and a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court finds
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that petitioner is unable to pay the filing fee. The Court has reviewed the petition
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pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States
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District Courts. The Court will serve the petition upon respondents for a response.
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It is therefore ordered that the application to proceed in forma pauperis (ECF
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no.1) is granted. Petitioner need not pay the filing fee of five dollars ($5.00).
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It is further ordered that the Clerk of the Court file the petition for a writ of habeas
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corpus pursuant to 28 U.S.C. § 2254.
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It is further ordered that the Clerk add Adam Paul Laxalt, Attorney General for the
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State of Nevada, as counsel for respondents.
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It is further ordered that the Clerk electronically serve upon respondents a copy
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of the petition and this order. In addition, the Clerk will return to petitioner a copy of the
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petition.
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It is further ordered that respondents will have forty-five (45) days from the date
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on which the petition was served to answer or otherwise respond to the petition.
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Respondents must raise all potential affirmative defenses in the initial responsive

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pleading, including untimeliness, lack of exhaustion, and procedural default. Successive

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motions to dismiss will not be entertained. If respondents file and serve an answer, then

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they must comply with Rule 5 of the Rules Governing Section 2254 Cases in the United

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States District Courts, and then petitioner will have forty-five (45) days from the date on

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which the answer is served to file a reply. If respondents file a motion, then the briefing

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schedule of Local Rule LR 7-2 will apply.

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It is further ordered that any exhibits filed by the parties must be filed with a

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separate index of exhibits identifying the exhibits by number or letter. The CM/ECF

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attachments that are filed further must be identified by the number or numbers (or letter

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or letters) of the exhibits in the attachment. The hard copy of any additional state court

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record exhibits must be forwarded — for this case — to the staff attorneys in Las Vegas.

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It is further ordered that henceforth, petitioner must serve upon respondents or, if

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appearance has been entered by counsel, upon the attorney(s), a copy of every

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pleading, motion or other document submitted for consideration by the court. Petitioner

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must include with the original paper submitted for filing a certificate stating the date that

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a true and correct copy of the document was mailed to the respondents or counsel for

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the respondents. The Court may disregard any paper received by a district judge or

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magistrate judge that has not been filed with the Clerk, and any paper received by a

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district judge, magistrate judge, or the Clerk that fails to include a certificate of service.

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DATED THIS 3rd day of May 2016

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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