Dominquez v. Baker et al

Filing 8

ORDER - Counsel for petitioner shall meet with petitioner as soon as reasonably possible. Amended petition due by 90 days from date of this order. Answer/response due 45 days after service of amended petition; reply due 30 days thereafter. Any state court exhibits shall be filed with an index as specified herein; and courtesy copies of exhibits mailed to Reno Staff Attorney. Signed by Judge Howard D. McKibben on 5/22/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 DAVID SANCHEZ DOMINGUEZ, 10 Case No. 3:17-cv-00053-HDM-WGC Petitioner, ORDER v. 11 RENEE BAKER, et al., 12 Respondents. 13 14 This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 15 2254 by Nevada state prisoner David Sanchez Dominguez. On April 10, 2017, this 16 court granted petitioner’s motion for counsel and appointed the Federal Public Def ender 17 to represent petitioner in this action (ECF No. 3). On May 9, 2017, C.B. Kirschner of the 18 Federal Public Defender’s Office appeared on behalf of petitioner (ECF No. 7). The 19 court now sets a schedule for further proceedings in this action. 20 IT IS THEREFORE ORDERED that counsel for petitioner shall meet with 21 petitioner as soon as reasonably possible, if counsel has not already done so, to: (a) 22 review the procedures applicable in cases under 28 U.S.C. § 2254; (b) discuss and 23 explore with petitioner, as fully as possible, the potential grounds for habeas corpus 24 relief in petitioner’s case; and (c) advise petitioner that all possible grounds for habeas 25 corpus relief must be raised at this time in this action and that the failure to do so will 26 likely result in any omitted grounds being barred from future review. 27 IT IS FURTHER ORDERED that petitioner shall have ninety (90) days from the 28 date of this order to FILE AND SERVE on respondents an am ended petition for writ of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 habeas corpus, which shall include all known grounds for relief (both exhausted and unexhausted). IT IS FURTHER ORDERED that respondents shall have forty-five (45) 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 forty-five (45) days from the date on which the amended petition is due within which to answer, or otherwise respond to, petitioner’s original petition. IT IS FURTHER ORDERED that, if and when respondents file an answer or other responsive pleading, petitioner shall have thirty (30) days after service of the answer or responsive pleading to file and serve his response. IT IS FURTHER ORDERED that any state court record exhibits filed by the parties herein shall be filed with an index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments that are filed shall further be identified by the number or letter of the exhibit in the attachment. IT IS FURTHER ORDERED that the parties SHALL SEND courtesy 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. Additionally, in the future, all parties shall provide courtesy copies of any additional exhibits submitted to the court in this case, in the manner described above. Dated May 22, 2017. 22 23 HOWARD D. MCKIBBEN UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

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