Riggs v. Filson

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 DANIEL HARVEY RIGGS, Case No. 3:21-cv-00071-ART-CSD

6 Petitioner, ORDER v. 7 TIMOTHY FILSON, et al., 8 Respondents. 9 10 This habeas matter is before the Court on Respondents’ Notice of Voluntary 11 Withdrawal of their Motion to Dismiss (ECF No. 46). 12 It is therefore ordered that Respondents will have 60 days from the date of 13 entry of this order to answer the petition. Petitioner will have 60 days to file a 14 reply to the answer. 15 It is further ordered that any procedural defenses raised by Respondents 16 in this case must be raised together in a single consolidated motion to dismiss. 17 Respondents may not file a response in this case that consolidates their 18 procedural defenses, if any, with their response on the merits, except pursuant 19 to 28 U.S.C. § 2254(b)(2) as to any unexhausted claims clearly lacking merit. If 20 Respondents do seek dismissal of unexhausted claims under § 2254(b)(2): (a) they 21 must do so within the single motion to dismiss not in the answer; and (b) they 22 will specifically direct their argument to the standard for dismissal under § 23 2254(b)(2) set forth in Cassett v. Stewart, 406 F.3d 614, 623-24 (9th Cir. 2005). 24 All procedural defenses, including exhaustion, must be raised by motion to 25 dismiss. 26 It is further ordered that in any answer filed on the merits, Respondents 27 must specifically cite to and address the applicable state court written decision 28 1 || and state court record materials, if any, regarding each claim within the response 2 || as to that claim. 3 It is further ordered that Respondents must file a set of state court exhibits 4 || relevant to the response filed to the petition, in chronological order. 5 It is further ordered thatall state courtrecordsand related 6 || exhibits must be filed in accordance with LR IA 10-3, LR IC 2-2, and LSR 3-3, 7 || and include a separate index identifying each additional exhibit by number or 8 || letter. The index must be filed in CM/ECF’s document upload screen as the 9 || base document to receive the base docket number (e.g., ECF No. 10). Each 10 || exhibit will then be filed as “attachments” to the base document—the index— 11 || to receive a sequenced sub-docket number (e.g., Exhibit A (ECF No. 10-1), Exhibit 12 || B(ECF No. 10-2), Exhibit C (ECF No. 10-3), and so forth). If the exhibits will span 13 || more than one filing, the base document in each successive filing must be 14 || either a copy of the index or volume cover page. See LRIC 2-2(a)(3)(A). 15 It is further ordered that, notwithstanding LR IC 2-2(g), paper copies of any 16 || electronically filed exhibits—for this case—need not be provided to chambers or 17 || to the staff attorney, unless later directed by the court. 18 DATED THIS day of March 2023. 19 An rs flasend Jer 20 ANNE R. TRAUM UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28