Hidalgo v. LeGrand et al

Filing 32

ORDER granting in part ECF No. 29 Motion for leave to file supplement to amended petition; Second Amended Petition due by 9/28/2018; respondents will have (45) days from the date of filing the second amended petition to file answer or other response; petitioner will have (45) from the date served to file a reply to the answer or response to a motion. Signed by Judge Miranda M. Du on 8/14/2018. (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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LUIS ALONSO HIDALGO, III,

Case No. 3:16-cv-00618-MMD-WGC

Petitioner,

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ORDER

v.
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ROBERT LEGRAND, et al.,
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Respondents.
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Before the Court are Petitioner’s amended petition for writ of habeas corpus (ECF

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No. 19), an addendum to the amended petition (ECF No. 28), a motion for leave to file

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supplement to the amended petition (ECF No. 29), Respondents’ opposition (ECF No.

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30), and Petitioner’s reply (ECF No. 31).

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The Court currently has piecemeal pleadings, which it does not favor. Petitioner

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and Respondents appear to agree that Petitioner should file a second amended petition

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that contains all of Petitioner’s claims in one document. The Court has reviewed all the

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claims under Rule 4 of the Rules Governing Section 2254 Cases in the United States

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District Courts. When Petitioner files his second amended petition, Respondents will need

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to file a response to it without further order from the Court.

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It is therefore ordered that Petitioner’s motion for leave to file supplement to the

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amended petition (ECF No. 29) is granted in part. Petitioner will have forty-five (45) days

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from the date of entry of this Order to file a second amended petition that contains all the

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claims in the amended petition (ECF No. 19), the addendum (ECF No. 28), and the motion

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for leave to file supplement (ECF No. 29).

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It is further ordered that Respondents will have forty-five (45) days from the date of

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filing of the second amended petition to file an answer or other response. Respondents

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must raise all potential affirmative defenses in the initial responsive pleading, including

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lack of exhaustion and procedural default. Successive motions to dismiss will not be

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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, and then Petitioner will have forty-five (45) days from the date on which

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the answer is served to file a reply.

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

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have forty-five (45) days from the date of service of the motion to file a response to the

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motion. Respondents then will have twenty-one (21) days from the date of service of the

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response to file a reply.

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DATED THIS 14th day of August 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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