Eubanks v. Baker et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:16-cv-00336-MMD-WGC
RENEE BAKER, et al.,
This action is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. §
2254, by Charles Eubanks, a Nevada prisoner. Pursuant to this Court’s prior order (ECF
No. 5), counsel for both parties have filed a notice of appearance in this proceeding.
ECF Nos. 9 and 11. Thus, it is now appropriate for the Court to enter orders regarding
the scheduling of this matter.
It is therefore ordered that counsel for petitioner shall contact petitioner as soon
as reasonably possible to: (a) review the procedures applicable in cases under 28
U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as possible, the potential
grounds for habeas corpus relief in petitioner's case; and (c) advise petitioner that all
possible grounds for habeas corpus relief must be raised at this time and that the failure
to do so will likely result in the omitted grounds being barred from future review under
the rules regarding successive petitions. Counsel for respondents should make
available to counsel for petitioner (photocopying costs at the latter’s expense), as soon
as reasonably possible, a copy of whatever portions of the state court record they
possess regarding the judgment petitioner is challenging herein.
It is further ordered that counsel for petitioner shall file an amended petition for
writ of habeas corpus within sixty (60) days, which shall include all known grounds for
relief (both exhausted and unexhausted). Respondents shall have sixty (60) days after
the filing of the amended petition within which to answer, or otherwise respond to the
Petitioner will have 45 days following service of an answer by respondents to file
and serve a reply. Respondents will thereafter have 30 days following service of a reply
to file and serve a response to the reply.
If respondents file a motion to dismiss, petitioner will have 30 days following
service of the motion to file and serve an opposition to the motion. Respondents will
thereafter have 30 days following service of the opposition to the motion to file and
serve a reply.
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.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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