Nicholson v. Baker et al

Filing 4

ORDER that Plaintiff's Application for Leave to Proceed in forma pauperis ECF No. 1 is GRANTED; Clerk directed to file and e-serve a copy of the Petition upon the respondents (e-service petition on 05/31/2017); Clerk directed to sen d Petitioner a copy of the filed petition; Clerk directed to add Nevada AG Adam Paul Laxalt as counsel for respondents; AG answer/respond to Petition by 07/14/2017; if an answer is filed, petitioner will have 45 days from the date of service of the answer to file a reply; any state court exhibits filed by respondents must be filed with index identifying exhibit by number or letter; hard copy of all state court exhibits must be forwarded to the staff attorney in the Reno Division of the Clerk of Court. See order for further details. Signed by Judge Miranda M. Du on 05/31/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RICHARD NICHOLOSON,

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Case No. 3:16-cv-00486-MMD-WGC
Petitioner,

ORDER

v.
RENEE BAKER, et al.,
Respondents.

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28

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U.S.C. § 2254 by a Nevada state prisoner. Petitioner has filed a motion to proceed in

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forma pauperis. (ECF No. 1.) Based on the information regarding petitioner's financial

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status, the Court finds that the motion to proceed in forma pauperis should be granted.

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The Court has reviewed the habeas petition, and determined that it will be served on

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respondents.

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It is therefore ordered that the application to proceed in forma pauperis (ECF No.
1) is granted.
It is further ordered that the Clerk file and electronically serve the petition upon the
respondents.
It is further ordered that the Clerk of Court send petitioner a copy of the filed
petition.
It is further ordered that the Clerk of Court add Nevada Attorney General Adam
Paul Laxalt to the CM/ECF docket sheet as counsel for respondents.

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It is further ordered that respondents will have forty-five (45) days from the entry

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of this order within which to answer, or otherwise respond to, the petition. In their answer

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or other response, respondents must address all claims presented in the petition.

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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. If an answer is filed, respondents must comply with the

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requirements of Rule 5 of the Rules Governing Proceedings in the United States District

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Courts under 28 U.S.C. §2254. If an answer is filed, petitioner will have forty-five (45)

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days from the date of service of the answer to file a reply.

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It is further ordered that any state court record exhibits filed by respondents must

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be filed with a separate index of exhibits identifying the exhibits by number or letter. The

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hard copy of all state court record exhibits must be forwarded, for this case, to the staff

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attorneys in the Reno Division of the Clerk of Court.

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DATED THIS 31st day of May 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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