Follett v. LeGrand et al

Filing 2

ORDER - Clerk shall add AG as counsel for respondents. Clerk shall e-serve respondents a copy of the ECF No. 1 Petition, and a copy of this order. ( E-service 7/6/2016; Petition via NEF regeneration.) Respondents shall have 60 days from the dat e on which the petition is served to appear in this action, and to file an answer/response to petition. Reply due 45 days after service of answer; Response to reply due 30 days thereafter. (See pdf order for additional briefing deadlines.) Signed by Judge Howard D. McKibben on 7/6/2016. (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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LOREN RAYMOND FOLLETT

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Petitioner,

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vs.

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ROBERT LeGRAND, et al.,

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3:16-cv-00370-HDM-WGC

Respondents.

ORDER

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_________________________________/

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This action is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, by

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Loren Raymond Follett, a Nevada prisoner. Follett initiated this action on June 23, 2016, by filing

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his habeas corpus petition, along with several exhibits (ECF No. 1).

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The Court has reviewed Follett’s petition, pursuant to Rule 4 of the Rules Governing Section

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2254 Cases in the United States District Courts, and determines that it merits service upon the

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respondents.

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IT IS THEREFORE ORDERED that the clerk of the court shall add Adam Paul Laxalt,
Attorney General of the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the clerk of the court shall electronically serve upon
respondents a copy of the petition for writ of habeas corpus (ECF No. 1), and a copy of this order.

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IT IS FURTHER ORDERED that respondents shall have 60 days from the date on which

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the petition is served upon them to appear in this action, and to file an answer or other response to

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the habeas corpus petition.

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IT IS FURTHER ORDERED that the following schedule shall apply:

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Reply. Petitioner shall have 45 days following service of an answer to file and serve a reply.

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Respondents shall thereafter have 30 days following service of a reply to file and serve a response to

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the reply.

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Briefing of Motion to Dismiss. If respondents file a motion to dismiss, petitioner shall have
60 days following service of the motion to file and serve a response to the motion. Respondents
shall thereafter have 30 days following service of the response to file and serve a reply.

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Discovery. If petitioner wishes to move for leave to conduct discovery, petitioner shall file

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and serve such motion concurrently with, but separate from, the response to respondents’ motion to

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dismiss or the reply to respondents’ answer. Any motion for leave to conduct discovery filed by

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petitioner before that time may be considered premature, and may be denied, without prejudice, on

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that basis. Respondents shall file and serve a response to any such motion concurrently with, but

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separate from, their reply in support of their motion to dismiss or their response to petitioner’s reply.

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Thereafter, petitioner shall have 20 days to file and serve a reply in support of the motion for leave to

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conduct discovery.

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Evidentiary Hearing. If petitioner wishes to request an evidentiary hearing, petitioner shall

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file and serve a motion for an evidentiary hearing concurrently with, but separate from, the response

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to respondents’ motion to dismiss or the reply to respondents’ answer. Any motion for an

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evidentiary hearing filed by petitioner before that time may be considered premature, and may be

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denied, without prejudice, on that basis. The motion for an evidentiary hearing must specifically

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address why an evidentiary hearing is required, and must meet the requirements of 28 U.S.C.

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§ 2254(e). The motion must state whether an evidentiary hearing was held in state court, and, if so,

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state where the transcript is located in the record. If petitioner files a motion for an evidentiary

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hearing, respondents shall file and serve a response to that motion concurrently with, but separate

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from, their reply in support of their motion to dismiss or their response to petitioner’s reply.

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Thereafter, petitioner shall have 20 days to file and serve a reply in support of the motion for an

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evidentiary hearing.

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Dated this 6th day of July, 2016.

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UNITED STATES DISTRICT JUDGE
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