Tompkins v. Baca et al

Filing 13

ORDER setting schedule for further proceedings : Amended Petition due by 12/19/2016. Answer/response due 60 after service of amended petition; and reply due 45 days thereafter. (See order for additional deadlines and specifics.) Signed by Judge Miranda M. Du on 9/20/2016. (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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VALLIER WILLIAM TOMPKINS,

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Case No. 3:16-cv-00444-MMD-WGC
Petitioner,

ORDER

v.
WARDEN BACA, et al.,

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Respondents.

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In this habeas corpus action, brought by Nevada prisoner Vallier William

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Tompkins, the Court granted Tompkins' motion for appointment of counsel and

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appointed the Federal Public Defender for the District of Nevada (FPD) to represent

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Tompkins. See Order entered July 27, 2016 (ECF No. 3). The FPD appeared on behalf

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of Tompkins on September 19, 2016 (ECF No. 11). Also, counsel appeared on behalf of

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the respondents on July 29, 2016 (ECF No. 6).

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Therefore, the Court will set a schedule for further proceedings in this action, as
follows.

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Amended Petition. If necessary, petitioner will file and serve an amended petition

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for writ of habeas corpus within ninety (90) days after entry of this order. The amended

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petition must specifically state whether each ground for relief has been exhausted in

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state court; for each claim that has been exhausted in state court, the amended petition

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must state how, when, and where that occurred. If petitioner determines that an

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amended petition need not be filed, then, within ninety (90) days after entry of this order,

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petitioner must file and serve a notice to that effect.

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Response to Petition. Respondents shall have sixty (60) days following service of

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the amended petition to file and serve an answer or other response to the amended

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petition. If petitioner does not file an amended petition, respondents will have sixty (60)

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days following the due date for the amended petition to file and serve an answer or

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other response to petitioner’s petition.

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Reply. Petitioner will have forty-five (45) days following service of an answer to

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file and serve a reply. Respondents will thereafter have thirty (30) days following service

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of a reply to file and serve a response to the reply.

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Briefing of Motion to Dismiss. If respondents file a motion to dismiss, petitioner

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shall have sixty (60) days following service of the motion to file and serve a response to

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the motion. Respondents will thereafter have thirty (30) days following service of the

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response to file and serve a reply.

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

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must file and serve such motion concurrently with, but separate from, the response to

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

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leave to conduct discovery filed by petitioner before that time may be considered

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premature, and may be denied, without prejudice, on that basis. Respondents will file

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and serve a response to any such motion concurrently with, but separate from, their

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

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Thereafter, petitioner will have twenty (20) days to file and serve a reply in support of

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the motion for leave to conduct discovery.

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

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petitioner must file and serve a motion for an evidentiary hearing concurrently with, but

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separate from, the response to respondents’ motion to dismiss or the reply to

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respondents’ answer. Any motion for an evidentiary hearing filed by petitioner before

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

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basis. The motion for an evidentiary hearing must specifically address why an

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evidentiary hearing is required, and must meet the requirements of 28 U.S.C. § 2254(e).
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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

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evidentiary hearing, respondents must file and serve a response to that motion

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concurrently with, but separate from, their reply in support of their motion to dismiss or

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their response to petitioner’s reply. Thereafter, petitioner will have twenty (20) days to

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file and serve a reply in support of the motion for an evidentiary hearing.

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It is so ordered.

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DATED THIS 20th day of September 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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