Viox v. Baca et al

Filing 10

ORDER that the Clerk is directed to e-serve the amended petition ECF No. 9 and a copy of this order on the respondents (NEF regenerated and e-served on 01/10/2018) and add AG as counsel for respondents; respondents to file appearance in this action and to answer or otherwise respond to the amended petition ECF No. 9 by 03/11/2018; petitioner will have(60) days from the date on which the answer/motion to dismiss is served on him to file and serve a reply/response; any state court reco rd exhibits filed by the parties must be filed with a separate index of exhibits identifying the exhibits by number and a hard copy of any the exhibits must be forwarded for this case to the staff attorneys in Reno. Signed by Judge Miranda M. Du on 1/10/2018. (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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CHARLES D. VIOX,

Case No. 3:17-cv-00623-MMD-WGC
Petitioner,

ORDER

v.

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ISIDRO BACA, et. al,
Respondents.

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This action is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254,

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by Charles D. Viox, a Nevada prisoner. The initial habeas petition filed herein (ECF No.

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5) failed, in this Court’s view, to state a cognizable claim for federal habeas relief. The

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Court granted petitioner leave to file an amended petition (ECF No. 4), which he did on

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November 17, 2017 (ECF No. 9).

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The Court has reviewed the amended petition pursuant to Habeas Rule 4. The

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amended petition will be served upon the respondents, who must respond in the time and

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manner described below.

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It is therefore ordered that the Clerk of the Court electronically serve the amended
petition (ECF No. 9) and a copy of this order on the respondents.
It is further ordered that the Clerk add Adam Paul Laxalt, Attorney General of the
State of Nevada, as counsel for respondents.
It is further ordered that respondents will have sixty (60) days from the date of entry
of this order to appear in this action, and to answer or otherwise respond to the petition.

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It is further ordered that if respondents file an answer, petitioner will have sixty (60)

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days from the date on which the answer is served on him to file and serve a reply. If

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respondents file a motion to dismiss, petitioner will have sixty (60) days from the date on

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which the motion is served on him to file and serve a response to the motion to dismiss,

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and respondents will, thereafter, have thirty (30) days to file a reply in support of the

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motion.

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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 or numbers of the exhibits in the attachment. The hard copy of any

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additional state court record exhibits must be forwarded — for this case — to the staff

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attorneys in Reno.

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DATED THIS 10th day of January 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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