Summary
This is a procedural scheduling order issued by the United States District Court for the District of Nevada in a reopened habeas corpus action. The Court appointed counsel for the petitioner and established strict deadlines for filing an amended petition, the respondent's answer, and subsequent replies. The order further details requirements for raising procedural defenses, seeking discovery, requesting evidentiary hearings, and complying with local electronic filing rules.
Topics
Practice areas
Questions Presented
- Whether the petitioner must file an amended petition for writ of habeas corpus within 60 days of the order.
- Whether respondents must raise all procedural defenses, including exhaustion, in a single consolidated motion to dismiss.
- Whether respondents may file procedural defenses in a combined answer and motion.
Holdings
- Petitioner must file an amended petition within 60 days after entry of the order, stating exhaustion of each claim, or file a notice that no amendment is needed.
- Respondents must raise all procedural defenses in a single consolidated motion to dismiss; successive motions will not be entertained and omitted defenses are waived.
- Respondents may not combine procedural defenses with a merits answer; procedural defenses must be presented in the consolidated motion to dismiss.
Key quotations
“The Federal Public Defender, through Dawn Penn, Esq., and Amelia Bizzaro, Esq., is appointed as counsel for Petitioner Rene Geovany Alfaro under 18 U.S.C. § 3006A(a)(2)(B).”
“If Petitioner determines that an amended petition need not be filed, then, within 60 days after entry of this Order, Petitioner must file a notice to that effect.”
“Respondents must raise all procedural defenses, including exhaustion, in a single, consolidated motion to dismiss. Successive motions to dismiss will not be entertained, and any procedural defenses omitted from the consolidated motion to dismiss will be waived.”
Factual background
Rene Geovany Alfaro filed a petition for a writ of habeas corpus in the District of Nevada seeking relief from custody under Warden Calvin Johnson. The court reopened the habeas action and appointed counsel to represent Alfaro.
Procedural history
Petitioner filed a petition for writ of habeas corpus; the court reopened the action and issued this order appointing counsel and setting procedural deadlines.