Villaverde v. Hutching ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * * 9 SALLY D. VILLAVERDE, Case No. 2:21-cv-01595-GMN-BNW 10 Petitioner, ORDER 11 v. 12 WILLIAM HUTCHING, et al., 13 Respondents. 14 15 On November 8, 2021, the court granted 28 U.S.C. § 2254 habeas corpus 16 petitioner Sally D. Villaverde’s motion for appointment of counsel and appointed the 17 Federal Public Defender to represent petitioner (ECF No. 5). On November 15, 2021, the 18 Federal Public Defender filed a Notice of Conflict (ECF No. 8). 19 IT IS THEREFORE ORDERED that Benjamin P. Ramos is appointed to represent 20 Sally D. Villaverde in these proceedings. Mr. Ramos’ contact information appears below: 21 Benjamin P. Ramos 22 Law Office of Benjamin Ramos 705 E. Bidwell 23 Suite 2-359 Folsom, CA 95630 24 916-358-9842. 25 IT IS FURTHER ORDERED that the Federal Public Defender is released as 26 counsel. 27 IT IS FURTHER ORDERED that Benjamin P. Ramos, a Criminal Justice Act panel 1 in all future proceedings in this court relating to this matter (including subsequent actions) 2 and appeals therefrom, pursuant to 18 U.S.C. § 3006A (a)(2)(B), until allowed to 3 withdraw. 4 IT IS FURTHER ORDERED that CJA counsel Benjamin P. Ramos must enter a 5 notice of appearance within 20 days of the date of this order. 6 IT IS FURTHER ORDERED that CJA counsel for petitioner must meet with 7 petitioner as soon as reasonably possible to: (a) review the procedures applicable in 8 cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as possible, 9 the potential grounds for habeas corpus relief in petitioner's case; and (c) advise petitioner 10 that all possible grounds for habeas corpus relief must be raised at this time and that the 11 failure to do so will likely result in the omitted grounds being barred from future review 12 under the rules regarding abuse of writ. 13 IT IS FURTHER ORDERED that counsel for petitioner must file an amended 14 petition for writ of habeas corpus within 90 days that includes all known grounds for relief 15 (both exhausted and unexhausted). 16 IT IS FURTHER ORDERED that respondents must file a response to the petition 17 within 90 days of service of the petition. Petitioner will then have 45 days from service of 18 the answer, motion to dismiss, or other response to file a reply or opposition. Any other 19 motions will be subject to the normal briefing schedule under the local rules. 20 Any response to the petition must comport with Habeas Rule 5. Additionally: 21 1. Any procedural defenses raised by respondents in this case must be raised 22 23 together in a single, consolidated motion to dismiss. In other words, the court 24 does not wish to address any procedural defenses raised herein either in 25 seriatum fashion in multiple successive motions to dismiss or embedded in the 26 answer. Procedural defenses omitted from the motion to dismiss will be subject 27 2. Respondents must not file a response in this case that consolidates their 1 procedural defenses, if any, with their response on the merits, except under 28 2 3 U.S.C. § 2254(b)(2) as to any unexhausted claims clearly lacking merit. If 4 respondents do seek dismissal of unexhausted claims under § 2254(b)(2): (a) 5 they must do so within the single motion to dismiss, not in the answer, and (b) 6 they must specifically direct their argument to the standard for dismissal under § 7 2254(b)(2) set forth in Cassett v. Stewart, 406 F.3d 614, 623–24 (9th Cir. 2005). 8 In short, no procedural defenses, including exhaustion, should be included with 9 10 the merits in an answer. All procedural defenses, including exhaustion, must 11 instead be raised by motion to dismiss. 12 3. In any answer filed on the merits, respondents must specifically cite to and address 13 the applicable state-court written decision and state-court record materials, if any, 14 regarding each claim within the response as to that claim; and 15 4. Respondents must file a set of state court exhibits relevant to the response filed 16 to the petition. Those exhibits must be filed chronologically and be accompanied 17 18 by a separate index of exhibits identifying the exhibits by number. The CM/ECF 19 attachments that are filed must be identified by the number or numbers of the 20 exhibits in the attachment. The purpose of this provision is to allow the court and 21 any reviewing court thereafter to quickly determine from the face of the electronic 22 docket sheet which numbered exhibits are filed in which attachments. 23 24 25 26 27 5. Respondents must send a hard copy of all pleadings and indices of exhibits 1 2 ONLY filed for this case to the Clerk of Court, 400 S. Virginia St., Reno, NV, 3 89501, directed to the attention of “Staff Attorney” on the outside of the mailing 4 address label. 5 6 DATED: 1 December 2021. 7 8 9 GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27