Parker v. Baca et al

Filing 5

ORDER that the Clerk directed to file the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254; Clerk directed to add AG, as counsel for respondents; clerk directed to electronically serve upon respondents a copy of the petition an d this order (e-served on 10/18//2017) and return to petitioner a copy of the petition (mailed 10/18/2017); respondents will have (45) days to answer or otherwise respond to the petition; petitioner will have (45) days from the date on which the an swer is served to file a reply; a hard copy of any electronically filed exhibits must be forwarded for this case to the staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 10/18/2017. (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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ANTHONY PARKER,

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Case No. 3:17-cv-00442-MMD-WGC
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,
Respondents.

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Petitioner has paid the filing fee. The Court has reviewed his petition pursuant to

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Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts.

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The Court will serve the petition upon respondents for a response.

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It is therefore ordered that the Clerk of the Court file the petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
It is further ordered that the Clerk add Adam Paul Laxalt, Attorney General for the
State of Nevada, as counsel for respondents.

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It is further ordered that the Clerk electronically serve upon respondents a copy of

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the petition and this order. In addition, the Clerk will return to petitioner a copy of the

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petition.

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

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which the petition was served to answer or otherwise respond to the petition.

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Respondents must raise all potential affirmative defenses in the initial responsive

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pleading, including untimeliness, lack of exhaustion, and procedural default. Successive

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motions to dismiss will not be entertained. If respondents file and serve an answer, then

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they must comply with Rule 5 of the Rules Governing Section 2254 Cases in the United

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States District Courts, and then petitioner will have forty-five (45) days from the date on

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which the answer is served to file a reply. If respondents file a motion, then the briefing

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schedule of Local Rule LR 7-2 shall apply.

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It is further ordered that the hard copy of any electronically filed exhibits must be
forwarded—for this case—to the staff attorneys in Las Vegas.
DATED THIS 18th day of October 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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