Jarvis Allen Aragon v. Terry Royal, et al.

• Court: District Court, D. Nevada
• Decided: October 2, 2025
• Docket: 3:25-cv-00456
• Status: Unknown

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 JARVIS ALLEN ARAGON, Case No. 3:25-cv-00456-MMD-CSD 7 Petitioner, ORDER 8 v. 9 TERRY ROYAL, et al., 10 Respondents. 11 Petitioner Jarvis Allen Aragon submits a pro se § 2254 habeas petition for writ of 12 habeas corpus. (ECF No. 1-1.) His application to proceed in forma pauperis (ECF No. 1) 13 is granted. The Court reviews the petition pursuant to Habeas Rule 4 and directs that it 14 be served on Respondents. 15 A petition for federal habeas corpus should include all claims for relief of which 16 Petitioner is aware. If Petitioner fails to include such a claim in his petition, he may be 17 forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C. § 18 2254(b) (successive petitions). If Petitioner is aware of any claim not included in his 19 petition, he should notify the court as soon as possible through a motion to amend his 20 petition to add the claim. 21 It is therefore ordered that the Clerk of Court kindly detach, file, and electronically 22 serve the petition (ECF No. 1-1) on Respondents. 23 It is further ordered that that the Clerk of Court add Aaron D. Ford, Nevada Attorney 24 General, as counsel for Respondents and provide Respondents an electronic copy of all 25 items previously filed in this case by regenerating the Notice of Electronic Filing to the 26 office of the Attorney General only. 27 28 1 It is further ordered that Respondents file a response to the petition, including 2 potentially by motion to dismiss, within 90 days of service. Any other motions for relief by 3 Petitioner are subject to the normal briefing schedule under the local rules. Any response 4 filed must comply with the remaining provisions below, which are entered pursuant to 5 Habeas Rule 5. 6 It is further ordered that any procedural defenses raised by Respondents in this 7 case be raised together in a single consolidated motion to dismiss. The Court does not 8 wish to address any procedural defenses either in multiple successive motions to dismiss 9 or embedded in the answer. Procedural defenses omitted from such a consolidated 10 motion to dismiss will be subject to potential waiver. Respondents should not file a 11 response in this case that consolidates their procedural defenses, if any, with their 12 response on the merits, except pursuant to 28 U.S.C. § 2254(b)(2) as to any unexhausted 13 claims clearly lacking merit. If Respondents do seek dismissal of unexhausted claims 14 under § 2254(b)(2): (a) they will do so within the single motion to dismiss not in the 15 answer; and (b) they will specifically direct their argument to the standard for dismissal 16 under § 2254(b)(2) set forth in Cassett v. Stewart, 406 F.3d 614, 623-24 (9th Cir. 2005). 17 In short, no procedural defenses, including exhaustion, should be included with the merits 18 in an answer. All procedural defenses, including exhaustion, must instead be raised by 19 motion to dismiss. 20 It is further ordered that, in any answer filed on the merits, Respondents specifically 21 cite to and address the applicable state court written decision and record materials, if any, 22 regarding each claim within the response as to that claim. 23 It is further ordered that Petitioner has 45 days from service of the answer, motion 24 to dismiss, or other response to file a reply or opposition. Any other motions for relief by 25 Respondent will otherwise be subject to the normal briefing schedule under the local 26 rules. 27 28 1 It is further ordered that any state court record exhibits be filed with a separate 2 || index identifying the exhibits by number. The parties will identify filed CM/ECF 3 || attachments by the number of the exhibit in the attachment. Each exhibit must be filed as 4 || aseparate 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 of this 7 || court. Courtesy copies must be mailed to the Clerk of Court, 400 S. Virginia St., Reno, 8 || NV, 89501 and directed to the attention of “Staff Attorney” on the outside of the mailing 9 || address label. No further courtesy copies are required unless and until requested by the 10 || Court. 11 42 DATED THIS 2" Day of October 2025.

14 45 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28