Sherven v. Baca et al

Filing 6

ORDER that the Clerk file and e-serve the petition ECF No. 1 -1 on the Respondents by adding AG as counsel for respondents (e-served 06/20/2018); Respondents to file response to petition, including motion to dismiss, by 09/18/2018; petitioner will have (45) day from service of the answer, motion to dismiss or other response to file a reply/opposition; any additional state court record exhibits filed herein by either petitioner or respondents shall be filed with a separate index of exhibi ts identifying the exhibits by number; parties SHALL SEND courtesy copies of all exhibits to the Clerk, 400 S. Virginia St,. Reno, NV, 89501, directed to the attention of "Staff Attorney"; all parties shall provide courtesy copies of any additional exhibits submitted to the court as described in order See Order for further details and information. Signed by Judge Larry R. Hicks on 6/19/2018. (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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BRIAN SHERVEN,

Case No. 3:17-cv-00741-LRH-VPC

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Petitioner, ORDER
v.

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ISIDRO BACA, et al.,
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Respondents.
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Petitioner Brian Sherven has submitted a petition for a writ of habeas corpus and

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has now paid the filing fee (see ECF Nos. 1-1, 5). The court has reviewed the petition,

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and it shall be docketed and served on respondents.

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IT IS THEREFORE ORDERED that the Clerk shall file and ELECTRONICALLY
SERVE the petition (ECF No. 1-1) on the respondents.
IT IS FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Nevada
Attorney General, as counsel for respondents.
IT IS FURTHER ORDERED that respondents shall file a response to the petition,

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including potentially by motion to dismiss, within ninety (90) days of service of the

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petition, with any requests for relief by petitioner by motion otherwise being subject to

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the normal briefing schedule under the local rules. Any response filed shall comply with

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the remaining provisions below.

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IT IS FURTHER ORDERED that any procedural defenses raised by respondents

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in this case shall be raised together in a single consolidated motion to dismiss. In other

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words, the court does not wish to address any procedural defenses raised herein either
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in seriatum fashion in multiple successive motions to dismiss or embedded in the

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answer. Procedural defenses omitted from such motion to dismiss will be subject to

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potential waiver. Respondents shall not file a response in this case that consolidates

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

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

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

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do so within the single motion to dismiss not in the answer; and (b) they shall

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specifically direct their argument to the standard for dismissal under § 2254(b)(2) set

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forth in Cassett v. Stewart, 406 F.3d 614, 623-24 (9th Cir. 2005). In short, no

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procedural defenses, including exhaustion, shall be included with the merits in an

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answer. All procedural defenses, including exhaustion, instead must be raised by

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motion to dismiss.
IT IS FURTHER ORDERED that, in any answer filed on the merits, respondents

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

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court record materials, if any, regarding each claim within the response as to that claim.
IT IS FURTHER ORDERED that petitioner shall have forty-five (45) days from

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service of the answer, motion to dismiss, or other response to file a reply or opposition,

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with any other requests for relief by respondents by motion otherwise being subject to

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the normal briefing schedule under the local rules.
IT IS FURTHER ORDERED that any additional state court record exhibits filed

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herein by either petitioner or respondents shall be filed with a separate index of exhibits

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identifying the exhibits by number. The CM/ECF attachments that are filed further shall

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be identified by the number of the exhibit in the attachment.
IT IS FURTHER ORDERED that the parties SHALL SEND courtesy copies of all

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

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to the attention of “Staff Attorney” on the outside of the mailing address label.

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Additionally, in the future, all parties shall provide courtesy copies of any

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additional exhibits submitted to the court in this case, in the manner described above.

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DATED this 19th day of June, 2018

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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