Berry v. Baca et al

Filing 27

ORDER Answer/response to ECF Nos. 24 / 25 Amended petition due by 6/17/2019. Reply to answer due 45 days thereafter. (See pdf order for additional deadline specifics.) Signed by Judge Miranda M. Du on 5/3/2019. (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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***

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ROBERT LOGAN BERRY, JR.,

Case No. 3:16-cv-00470-MMD-WGC

Petitioner,

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ORDER

v.
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ISIDRO BACA, et al.,
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Respondents.
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Petitioner has filed an amended petition (ECF No. 25).1 The Court has reviewed it

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pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District

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Courts. The Court will direct Respondents to file a response.

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It is therefore ordered that Respondents will have 45 days from the date of entry of

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this order to answer or otherwise respond to the amended petition (ECF No. 25).

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Respondents must raise all potential affirmative defenses in the initial responsive

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pleading, including lack of exhaustion and procedural default. Successive motions to

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dismiss will not be entertained.

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It is further ordered that if Respondents file and serve an answer, then they must

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comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States

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District Courts. Petitioner then will have 45 days from the date on which the answer is

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served to file a reply.

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1Petitioner

filed an amended petition at ECF No. 24. Petitioner then filed a notice of
corrected image at ECF No. 25. The court will treat ECF No. 25 as the operative petition.

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It is further ordered that if Respondents file and serve a motion, then Petitioner will

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have 45 days from the date of service of the motion to file a response to the motion.

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Respondents then will have 21 days from the date of service of the response to file a reply.

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DATED THIS 3rd day of May 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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