Taukitoku v. Filson et al

Filing 7

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)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SAMISONI TAUKITOKU,
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Petitioner,

Case No. 3:16-cv-00762-HDM-WGC

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vs.

ORDER

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FILSON, et al.,
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Respondents.
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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

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Federal Public Defender to represent petitioner in this action. (ECF No. 3). On July 3, 2017, the

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Federal Public Defender’s Office filed a notice of appearance for petitioner. (ECF No. 6). The

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Court now sets a schedule for further proceedings in this action.

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IT IS THEREFORE ORDERED that counsel for petitioner shall meet with petitioner as

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soon as reasonably possible, if counsel has not already done so, to: (a) review the procedures

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applicable in cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as

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possible, the potential grounds for habeas corpus relief in petitioner’s case; and (c) advise petitioner

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that all possible grounds for habeas corpus relief must be raised at this time in this action and that

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the failure to do so will likely result in any omitted grounds being barred from future review.

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IT IS FURTHER ORDERED that petitioner shall have 90 days from the date of entry of

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this order, to FILE AND SERVE on respondents an amended petition for writ of habeas corpus,

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which shall include all known grounds for relief (both exhausted and unexhausted).

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IT IS FURTHER ORDERED that respondents shall have 30 days after service of an

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amended petition within which to answer, or otherwise respond to, the amended petition. If

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petitioner does not file an amended petition, respondents shall have 30 days from the date on which

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the amended petition is due within which to answer, or otherwise respond to, petitioner’s original

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petition.

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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.

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IT IS FURTHER ORDERED that all exhibits filed by the parties herein shall be filed with

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an index of exhibits identifying the exhibits by number. Exhibits filed in the CM/ECF system must

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correspond to the numbered exhibits identified in the index of exhibits. To the extent possible, the

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parties shall avoid filing duplicate exhibits.

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IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of all

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exhibits to the Reno Division of this Court. Courtesy copies shall be mailed to the Clerk of Court,

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400 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the

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outside of the mailing address label.

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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.

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HOWARD D. McKIBBEN
UNITED STATES DISTRICT JUDGE

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