Diaz vs Filson et al

Filing 3

ORDER that the Clerk add AG as counsel for respondents; Clerk to e-serve respondents a copy of the petition ECF No. 1 and this order (NEF regenerated and e-served on 11/13/2017) and send copy of petition to petitioner (mailed on 11/13/2017); respon dents have (45) days to answer/respond to ECF No. 1 Petition for Writ of Habeas Corpus; hard copy of any electronically filed exhibits shall beforwardedfor this caseto the staff attorneys in Las Vegas. Signed by Judge Howard D. McKibben on 11/13/2017. (Copies have been distributed pursuant to the NEF - KW)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 JESSIE MATTHEW DIAZ, 10 Petitioner, 11 vs. 12 TIMOTHY FILSON, et al., 13 Case No. 3:17-cv-00570-HDM-VPC Respondents. ORDER 14 15 Petitioner has filed a petition for a writ of habeas corpus (ECF No. 1). The court has 16 reviewed it pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States 17 District Courts. The court will serve the petition upon respondents for a response. 18 19 IT IS THEREFORE ORDERED that the clerk shall add Adam Paul Laxalt, Attorney General for the State of Nevada, as counsel for respondents. 20 IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a 21 copy of the petition (ECF No. 1) and this order. In addition, the clerk shall return to petitioner a 22 copy of the petition. 23 IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date 24 on which the petition was served to answer or otherwise respond to the petition. Respondents shall 25 raise all potential affirmative defenses in the initial responsive pleading, including untimeliness, 26 lack of exhaustion, and procedural default. Successive motions to dismiss will not be entertained. 27 If respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing 28 Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five 1 (45) days from the date on which the answer is served to file a reply. If respondents file a motion, 2 then the briefing schedule of Local Rule LR 7-2 shall apply. 3 4 5 IT IS FURTHER ORDERED that the hard copy of any electronically filed exhibits shall be forwarded—for this case—to the staff attorneys in Las Vegas. DATED: November 13,2 017. 6 7 _________________________________ HOWARD D. MCKIBBEN United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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?