Antonetti v. Neven

• Court: District Court, D. Nevada
• Decided: July 21, 2025
• Docket: 2:24-cv-00351
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 JOSEPH ANTONELLI, Case No. 2:24-cv-00351-RFB-BNW

8 Petitioner, ORDER

9 v.

10 DWIGHT NEVEN, et al.,

11 Respondents.

12 Joseph Antonetti submitted a pro se 28 U.S.C. § 2254 habeas corpus petition ECF No. 4 13 and has now complied with the Court’s order to update his address. The Court has conducted a 14 preliminary review of the petition under Rule 4 of the Rules Governing Section 2254 Cases in the 15 United States District Courts and directs that it be served on respondents. 16 A petition for federal habeas corpus should include all claims for relief of which petitioner 17 is aware. If petitioner fails to include such a claim in his petition, he may be forever barred from 18 seeking federal habeas relief upon that claim. See 28 U.S.C. §2244(b) (successive petitions). If 19 petitioner is aware of any claim not included in his petition, he should notify the Court of that as 20 soon as possible, perhaps by means of a motion to amend his petition to add the claim. 21 IT IS THEREFORE ORDERED that the Clerk of Court electronically SERVE the 22 petition (ECF No. 4) on respondents. 23 IT IS FURTHER ORDERED that the Clerk add Aaron D. Ford, Nevada Attorney 24 General, as counsel for respondents and provide respondents an electronic copy of all items 25 previously filed in this case by regenerating the Notice of Electronic Filing to the office of the AG 26 only. 27 28 1 IT IS FURTHER ORDERED that the petitioner’s motion to reconsider (ECF No. 12) is 2 DENIED as moot. 3 IT IS FURTHER ORDERED that respondents file a response to the petition, including 4 potentially by motion to dismiss, within 90 days of service of the petition, with any requests for 5 relief by petitioner by motion otherwise being subject to the normal briefing schedule under the 6 local rules. Any response filed is to comply with the remaining provisions below, which are entered 7 pursuant to Habeas Rule 5. 8 IT IS FURTHER ORDERED that any procedural defenses raised by respondents in this 9 case be raised together in a single consolidated motion to dismiss. In other words, the court does 10 not wish to address any procedural defenses raised herein either in seriatum fashion in multiple 11 successive motions to dismiss or embedded in the answer. Procedural defenses omitted from such 12 motion to dismiss will be subject to potential waiver. Respondents should not file a response in 13 this case that consolidates their procedural defenses, if any, with their response on the merits, 14 except pursuant to 28 U.S.C. § 2254(b)(2) as to any unexhausted claims clearly lacking merit. If 15 respondents do seek dismissal of unexhausted claims under § 2254(b)(2): (a) they will do so within 16 the single motion to dismiss not in the answer; and (b) they will specifically direct their argument 17 to the standard for dismissal under § 2254(b)(2) set forth in Cassett v. Stewart, 406 F.3d 614, 623- 18 24 (9th Cir. 2005). In short, no procedural defenses, including exhaustion, should be included with 19 the merits in an answer. All procedural defenses, including exhaustion, instead must be raised by 20 motion to dismiss. 21 IT IS FURTHER ORDERED that, in any answer filed on the merits, respondents 22 specifically cite to and address the applicable state court written decision and state court record 23 materials, if any, regarding each claim within the response as to that claim. 24 IT IS FURTHER ORDERED that petitioner has 45 days from service of the answer, 25 motion to dismiss, or other response to file a reply or opposition, with any other requests for relief 26 by respondents by motion otherwise being subject to the normal briefing schedule under the local 27 rules.

28 1 IT IS FURTHER ORDERED that any additional state court record exhibits filed herein 2 | by either petitioner or respondents be filed with a separate index of exhibits identifying the exhibits 3 | by number. The parties will identify filed CM/ECF attachments by the number or numbers of the 4) exhibits in the attachment. 5 IT IS FURTHER ORDERED that, at this time, the parties send courtesy copies of any 6 | responsive pleading or motion and all INDICES OF EXHIBITS ONLY to the Reno Division 7 | of this court. Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 8 | 89501, and directed to the attention of “Staff Attorney” on the outside of the mailing address label. 9 | No further courtesy copies are required unless and until requested by the court.

11 DATED: July 21, 2025

13 RICHARD F. BOULWARE, I 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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