Moore v. Oliver ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 James Lamont Moore, Case No.: 2:24-cv-00774-JAD-MDC 4 Petitioner Order Directing Service of Petition 5 v. 6 Warden Williams, et al., 7 Respondents 8 9 Petitioner James Lamont Moore has submitted a pro se 28 U.S.C. § 2241 petition for writ 10 of habeas corpus, seeking to challenge the Nevada Department of Corrections’ calculation of his 11 sentence.1 Having completed a preliminary review of the petition under Habeas Rule 4,2 I direct 12 the Clerk of Court to docket it3 and serve it on respondents. 13 IT IS THEREFORE ORDERED that the Clerk is directed to: 14 • FILE and ELECTRONICALLY SERVE the petition [ECF No. 1-1] on the 15 respondents; and 16 • ADD Aaron D. Ford, Nevada Attorney General, as counsel for respondents and 17 provide respondents an electronic copy of all items previously filed in this case 18 by regenerating the Notice of Electronic Filing to the office of the AG only. 19 20 21 1 ECF No. 1-1. 2 A district court may “apply any or all of” the Rules Governing Section 2254 Cases in the 22 United States District Court to any habeas petition. See Rule 1(b). 3 Because a petition for federal habeas corpus should include all claims for relief of which 23 petitioner is aware, failure to include such a claim in a petition may result in it being forever barred. See 28 U.S.C. §2244(b) (successive petitions). 1 IT IS FURTHER ORDERED that respondents must file a response to the petition 2 within 90 days of service of the petition. Petitioner will then have 45 days from service of 3 the answer, motion to dismiss, or other response to file a reply or opposition. Any other 4 motions will be subject to the normal briefing schedule under the local rules. 5 If respondents file a response to the petition, they must comply with Habeas Rule 5. 6 Additionally: 7 1. Any procedural defenses raised by respondents in this case be raised together in a 8 single consolidated motion to dismiss. In other words, the court does not wish to 9 address any procedural defenses raised herein either in seriatum fashion in multiple 10 successive motions to dismiss or embedded in the answer. Procedural defenses 11 omitted from such motion to dismiss will be subject to potential waiver. 12 2. Respondents should not file a response in this case that consolidates their procedural 13 defenses, if any, with their response on the merits, except pursuant to 28 U.S.C. 14 § 2254(b)(2) as to any unexhausted claims clearly lacking merit. If respondents do 15 seek dismissal of unexhausted claims under § 2254(b)(2): (a) they should do so 16 within the single motion to dismiss not in the answer; and (b) they should specifically 17 direct their argument to the standard for dismissal under § 2254(b)(2) set forth in 18 Cassett v. Stewart, 406 F.3d 614, 623-24 (9th Cir. 2005). In short, no procedural 19 defenses, including exhaustion, should be included with the merits in an answer. All 20 procedural defenses, including exhaustion, instead must be raised by motion to 21 dismiss. 22 23 ] 3. In any answer filed on the merits, respondents must specifically cite to and address 2 the applicable state-court written decision and state court record materials, if any, 3 regarding each claim within the response as to that claim; and 4 4. Respondents must file a set of state-court exhibits relevant to the response filed to the 5 petition. Those exhibits must be filed chronologically and be accompanied by a 6 separate index of exhibits identifying the exhibits by number. The CM/ECF 7 attachments that are filed further must be identified by the number of the exhibit in 8 the attachment. Each exhibit must be filed as a separate attachment. The purpose of 9 this provision is to allow the court and any reviewing court thereafter to quickly 10 determine from the face of the electronic docket sheet which numbered exhibits are 11 filed in which attachments. 12 IT IS FURTHER ORDERED that, at this time, the parties must direct any courtesy 13]| copies and all INDICES OF EXHIBITS ONLY to the Reno Division of this court. Courtesy 14] copies must be mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and directed 15]| to the attention of “Staff Attorney” on the outside of the mailing address label. No further 16] courtesy copies are required unless and until requested by the court. 17 Cares US. District Judge Jennifer’A. Dorse 19 June 12, 202 20 21 22 23