Taukitoku v. Filson et al
ORDERED that counsel for petitioner shall meet with petitioner as soon as reasonably possible as specified herein. Amended petition due by 10/5/2017. Answer due 30 days after service of amended petition. Reply due 30 days after service of An swer. All exhibits shall be filed with an index as specified herein. The parties SHALL SEND courtesy copy of all exhibits to Reno Staff Attorney. Petitioner shall file no further pro se documents and shall proceed by and through appointed counsel. Signed by Judge Howard D. McKibben on 7/7/2017. (Copies have been distributed pursuant to the NEF - DRM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:16-cv-00762-HDM-WGC
FILSON, et al.,
This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a
Nevada state prisoner represented by counsel.
On June 1, 2017, this Court granted petitioner’s motion for counsel and appointed the
Federal Public Defender to represent petitioner in this action. (ECF No. 3). On July 3, 2017, the
Federal Public Defender’s Office filed a notice of appearance for petitioner. (ECF No. 6). The
Court now sets a schedule for further proceedings in this action.
IT IS THEREFORE ORDERED that counsel for petitioner shall meet with petitioner as
soon as reasonably possible, if counsel has not already done so, to: (a) review the procedures
applicable in cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as
possible, the potential grounds for habeas corpus relief in petitioner’s case; and (c) advise petitioner
that all possible grounds for habeas corpus relief must be raised at this time in this action and that
the failure to do so will likely result in any omitted grounds being barred from future review.
IT IS FURTHER ORDERED that petitioner shall have 90 days from the date of entry of
this order, to FILE AND SERVE on respondents an amended petition for writ of habeas corpus,
which shall include all known grounds for relief (both exhausted and unexhausted).
IT IS FURTHER ORDERED that respondents shall have 30 days after service of an
amended petition within which to answer, or otherwise respond to, the amended petition. If
petitioner does not file an amended petition, respondents shall have 30 days from the date on which
the amended petition is due within which to answer, or otherwise respond to, petitioner’s original
IT IS FURTHER ORDERED that if and when respondents file an answer, petitioner shall
have 30 days after service of the answer to file and serve a reply.
IT IS FURTHER ORDERED that all exhibits filed by the parties herein shall be filed with
an index of exhibits identifying the exhibits by number. Exhibits filed in the CM/ECF system must
correspond to the numbered exhibits identified in the index of exhibits. To the extent possible, the
parties shall avoid filing duplicate exhibits.
IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of all
exhibits to the Reno Division of this Court. Courtesy copies shall be mailed to the Clerk of Court,
400 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the
outside of the mailing address label.
IT IS FURTHER ORDERED that petitioner shall file no further pro se documents and
shall proceed by and through appointed counsel.
Dated this 7th day of July, 2017.
HOWARD D. McKIBBEN
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?