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)

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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

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