Fields v. Baker et al

Filing 9

ORDER - Counsel for petitioner will meet with petitioner as soon as reasonably possible as specified herein. Amended petition due by 3/19/2016. Answer due 45 days after service of amended petition; Response to answer due 30 days thereafter. Any state court exhibits shall be filed with an index as specified, and courtesy copies Reno Staff Attorney. Signed by Judge Miranda M. Du on 12/19/2016. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 JOHN VERNON FIELDS, Case No. 3:16-cv-00298-MMD-VPC 9 Petitioner, ORDER v. 10 RENEE BAKER, et al., 11 Respondents. 12 13 This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 14 2254 by Nevada state prisoner, John Vernon Fields. On November 14, 2016, this Court 15 granted petitioner’s motion for counsel and appointed the Federal Public Defender to 16 represent petitioner in this action. (ECF No. 5.) On December 14, 2016, C.B. Kirschner 17 of the Federal Public Defender’s Office appeared on behalf of petitioner. (ECF No. 8.) 18 The Court now sets a schedule for further proceedings in this action. 19 It is therefore ordered that counsel for petitioner will meet with petitioner as soon 20 as reasonably possible, if counsel has not already done so, to: (a) review the procedures 21 applicable in cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as 22 fully as possible, the potential grounds for habeas corpus relief in petitioner’s case; and 23 (c) advise petitioner that all possible grounds for habeas corpus relief must be raised at 24 this time in this action and that the failure to do so will likely result in any omitted grounds 25 being barred from future review. 26 It is further ordered that petitioner will have ninety (90) days from the date of this 27 order to file and serve on respondents an amended petition for writ of habeas corpus, 28 which shall include all known grounds for relief (both exhausted and unexhausted). 1 It is further ordered that respondents will have forty-five (45) days after service of 2 an amended petition within which to answer, or otherwise respond to, the amended 3 petition. If petitioner does not file an amended petition, respondents will have forty-five 4 (45) days from the date on which the amended petition is due within which to answer, or 5 otherwise respond to, petitioner’s original petition. 6 It is further ordered that, if and when respondents file an answer or other 7 responsive pleading, petitioner will have thirty (30) days after service of the answer or 8 responsive pleading to file and serve his response. 9 It is further ordered that any state court record exhibits filed by the parties herein 10 must be filed with an index of exhibits identifying the exhibits by number or letter. The 11 CM/ECF attachments that are filed must further be identified by the number or letter of 12 the exhibit in the attachment. 13 It is further ordered that the parties must send courtesy copies of all exhibits to the 14 Reno Division of this Court. Courtesy copies must be delivered to the Clerk of Court, 400 15 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the 16 outside of the address label. Additionally, in the future, all parties must provide courtesy 17 copies of any additional exhibits submitted to the Court in this case, in the manner 18 described above. 19 DATED THIS 19th day of December 2016. 20 21 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 2

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