Workman v. Baca et al

Filing 12

ORDER - Clerk directed to file and electronically serve the petition (ECF No. 1 -1) on the respondents and add NV AG as counsel (E-service on 4/6/2018); respondents must file a response to the petition by 7/5/2018; petitioner will have 45 da ys from service of the answer, motion to dismiss, or other response to file a reply or opposition; any additional state court record exhibits filed herein; the parties must send courtesy copies of all exhibits in this case to Reno Staff Attorney. See Order for further details and instructions. Signed by Judge Miranda M. Du on 4/6/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

9 WILLIAM WORKMAN,
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Case No. 3:17-cv-00508-MMD-VPC
Petitioner,

ORDER

v.
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ISIDRO BACA, et al.,
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Respondents.
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Petitioner William Workman submitted a pro se 28 U.S.C. § 2254 petition for a writ

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of habeas corpus and has now paid the filing fee (see ECF Nos. 1-1, 11). The Court has

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reviewed the petition pursuant to Habeas Rule 4, and it will be docketed and served on

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respondents.

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A petition for federal habeas corpus should include all claims for relief of which

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petitioner is aware. If petitioner fails to include such a claim in his petition, he may be

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forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C.

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§2254(b) (successive petitions). If petitioner is aware of any claim not included in his

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petition, he should notify the Court of that as soon as possible, perhaps by means of a

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motion to amend his petition to add the claim.

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It is therefore ordered that the Clerk file and electronically serve the petition (ECF
No. 1-1) on the respondents.
It is further ordered that the Clerk add Adam Paul Laxalt, Nevada Attorney General,
as counsel for respondents.

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It is further ordered that respondents must file a response to the petition, including

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potentially by motion to dismiss, within ninety (90) days of service of the petition, with any

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requests for relief by petitioner by motion otherwise being subject to the normal briefing

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schedule under the local rules. Any response filed must comply with the remaining

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provisions below, which are entered pursuant to Habeas Rule 5.

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It is further ordered that any procedural defenses raised by respondents in this

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case must be raised together in a single consolidated motion to dismiss. In other words,

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the Court does not wish to address any procedural defenses raised herein either in

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seriatum fashion in multiple successive motions to dismiss or embedded in the answer.

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Procedural defenses omitted from such motion to dismiss will be subject to potential

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waiver. Respondents must not file a response in this case that consolidates their

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procedural defenses, if any, with their response on the merits, except pursuant to 28

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U.S.C. § 2254(b)(2) as to any unexhausted claims clearly lacking merit. If respondents

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do seek dismissal of unexhausted claims under § 2254(b)(2): (a) they shall do so within

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the single motion to dismiss not in the answer; and (b) they shall specifically direct their

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argument to the standard for dismissal under § 2254(b)(2) set forth in Cassett v. Stewart,

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406 F.3d 614, 623-24 (9th Cir. 2005). In short, no procedural defenses, including

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exhaustion, will be included with the merits in an answer. All procedural defenses,

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including exhaustion, instead must be raised by motion to dismiss.

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It is further ordered that, in any answer filed on the merits, respondents must

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specifically cite to and address the applicable state court written decision and state court

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record materials, if any, regarding each claim within the response as to that claim.

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

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answer, motion to dismiss, or other response to file a reply or opposition, with any other

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requests for relief by respondents by motion otherwise being subject to the normal briefing

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schedule under the local rules.

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It is further ordered that any additional state court record exhibits filed herein by

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either petitioner or respondents must be filed with a separate index of exhibits identifying
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the exhibits by number. The CM/ECF attachments that are filed further must be identified

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by the number of the exhibit in the attachment.

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It is further ordered that the parties must send courtesy copies of all exhibits in this

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case to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, directed to the attention

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of “Staff Attorney” on the outside of the mailing address label. Additionally, in the future,

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all parties must provide courtesy copies of any additional exhibits submitted to the Court

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in this case, in the manner described above.

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DATED THIS 6th day of April 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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