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)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JESSIE MATTHEW DIAZ,

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Petitioner,

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vs.

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TIMOTHY FILSON, et al.,

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Case No. 3:17-cv-00570-HDM-VPC

Respondents.

ORDER

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Petitioner has filed a petition for a writ of habeas corpus (ECF No. 1). The court has

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reviewed it pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States

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District Courts. The court will serve the petition upon respondents for a response.

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IT IS THEREFORE ORDERED that the clerk shall 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 shall electronically serve upon respondents a

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copy of the petition (ECF No. 1) and this order. In addition, the clerk shall return to petitioner a

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copy of the petition.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date

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on which the petition was served to answer or otherwise respond to the petition. Respondents shall

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raise all potential affirmative defenses in the initial responsive pleading, including untimeliness,

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lack of exhaustion, and procedural default. Successive motions to dismiss will not be entertained.

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If respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing

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Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five

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(45) days from the date on which the answer is served to file a reply. If respondents file a motion,

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then the briefing 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 shall be
forwarded—for this case—to the staff attorneys in Las Vegas.
DATED: November 13,2 017.

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_________________________________
HOWARD D. MCKIBBEN
United States District Judge

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