Gonzales v. Baker et al

Filing 24

ORDER that the Respondents are to answer or otherwise respond to the First Amended Petition (ECF No. 21 ) by 8/26/2019; petitioner will have 45 days from service of the answer, motion to dismiss, or other response to file a reply or opposition. Signed by Judge Miranda M. Du on 6/27/2019. (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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***

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DAMIAN MICHAEL GONZALES,
Petitioner,

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Case No. 3:18-cv-00058-MMD-CBC
ORDER

v.
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RENEE BAKER, et al.,
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Respondents.
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Petitioner has filed a first amended petition (ECF No. 21). The Court has reviewed

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it under Rule 4 of the Rules Governing Section 2254 Cases in the United States District

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Courts. The Court will direct Respondents to respond to the first amended petition.

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It is therefore ordered that Respondents will have 60 days from the date of entry

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of this order to answer or otherwise respond to the first amended petition (ECF No. 21).

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Respondents must raise all potential affirmative defenses in an initial motion to dismiss,

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including untimeliness, lack of exhaustion, and procedural default. The Court will not

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entertain successive motions to dismiss.

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It is further ordered that if Respondents file and serve an answer, then they must

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comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States

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District Courts. Petitioner then will have 45 days from the date on which the answer is

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served to file a reply.

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It is further ordered that if Respondents file and serve a motion, then Petitioner will

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have 45 days from the date of service of the motion to file a response to the motion.

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Respondents then will have 21 days from the date of service of the response to file a

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reply.

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DATED THIS 27th day of June 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE