Eubanks v. Baker et al

Filing 12

ORDER directing counsel for Petitioner to contact Petitioner as soon as reasonably possible. Amended petition due within 60 days, answer due within 60 days thereafter, and reply due within 45 days after answer. ECF No. 10 Motion for Extension of Time is granted nunc pro tunc as of 8/11/2016. Signed by Judge Miranda M. Du on 8/25/2016. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9
10
11

CHARLES EUBANKS,

Case No. 3:16-cv-00336-MMD-WGC
Petitioner,

ORDER

v.

12
13

RENEE BAKER, et al.,
Respondents.

14
15
16

This action is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. §

17

2254, by Charles Eubanks, a Nevada prisoner. Pursuant to this Court’s prior order (ECF

18

No. 5), counsel for both parties have filed a notice of appearance in this proceeding.

19

ECF Nos. 9 and 11. Thus, it is now appropriate for the Court to enter orders regarding

20

the scheduling of this matter.

21

It is therefore ordered that counsel for petitioner shall contact petitioner as soon

22

as reasonably possible to: (a) review the procedures applicable in cases under 28

23

U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as possible, the potential

24

grounds for habeas corpus relief in petitioner's case; and (c) advise petitioner that all

25

possible grounds for habeas corpus relief must be raised at this time and that the failure

26

to do so will likely result in the omitted grounds being barred from future review under

27

the rules regarding successive petitions. Counsel for respondents should make

28

available to counsel for petitioner (photocopying costs at the latter’s expense), as soon

1

as reasonably possible, a copy of whatever portions of the state court record they

2

possess regarding the judgment petitioner is challenging herein.

3

It is further ordered that counsel for petitioner shall file an amended petition for

4

writ of habeas corpus within sixty (60) days, which shall include all known grounds for

5

relief (both exhausted and unexhausted). Respondents shall have sixty (60) days after

6

the filing of the amended petition within which to answer, or otherwise respond to the

7

petition.

8

Petitioner will have 45 days following service of an answer by respondents to file

9

and serve a reply. Respondents will thereafter have 30 days following service of a reply

10

to file and serve a response to the reply.

11

If respondents file a motion to dismiss, petitioner will have 30 days following

12

service of the motion to file and serve an opposition to the motion. Respondents will

13

thereafter have 30 days following service of the opposition to the motion to file and

14

serve a reply.

15
16
17

It is further order that the Federal Public Defender’s motion for extension of time
(ECF No. 10) is granted nunc pro tunc as of August 11, 2016.
DATED THIS 25th day of August 2016.

18
19
20
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
2