Engle v. State of Nevada ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 RONALD TJ ENGLE, Case No. 3:24-cv-00257-MMD-CSD 7 Petitioner, ORDER 8 v. 9 STATE OF NEVADA, et al., 10 Respondents. 11 Following the Notice of Appearance (ECF No. 11) by the Federal Public Defender 12 on behalf of Petitioner Ronald Engle, it is hereby ordered: 13 1. The Federal Public Defender, through Alicia R. Intriago, Esq., is appointed as 14 counsel for Petitioner pursuant to 18 U.S.C. § 3006A(a)(2)(B). Counsel will 15 represent Petitioner in all federal proceedings related to this matter, including any 16 appeals or certiorari proceedings, unless allowed to withdraw. 17 2. Petitioner will have until November 25, 2024, to file an amended petition and/or 18 seek other appropriate relief. This deadline and any extension thereof may not be 19 construed as implied findings regarding the federal limitation period or a basis for 20 tolling. Petitioner at all times remains responsible for calculating the running of the 21 federal limitation period and timely asserting claims, without regard to any court- 22 ordered deadlines or extensions. Thus, a petition or amended petition filed within 23 a court-ordered deadline may still be dismissed as untimely if it violates the statute 24 of limitations. See Sossa v. Diaz, 729 F.3d 1225, 1235 (9th Cir. 2013). 25 3. Respondents must file a response to the amended petition, including potentially by 26 motion to dismiss, within 60 days of service of an amended petition. Petitioner 27 may file a reply within 30 days of service of the answer. However, Local Rule 7- 28 2(b) governs the response and reply time to any motion filed by either party, 1 including motions filed in lieu of a pleading. 2 4. Any procedural defenses Respondents raise to the counseled amended petition 3 must be raised together in a single, consolidated motion to dismiss. Successive 4 motions to dismiss will not be entertained, and any procedural defenses omitted 5 from the consolidated motion to dismiss will be waived. Respondents may not file 6 a response that consolidates their procedural defenses, if any, with their response 7 on the merits. But arguments that an unexhausted claim clearly lacks merit may 8 be included a procedural-defense response. If Respondents seek dismissal of 9 unexhausted claims under 28 U.S.C. § 2254(b)(2) they must: (1) do so in a single 10 motion to dismiss, not in the answer; and (2) specifically direct their argument to 11 the standard for dismissal under § 2254(b)(2) as set forth in Cassett v. Stewart, 12 406 F.3d 614, 623-24 (9th Cir. 2005). In short, no procedural defenses, including 13 exhaustion, may be included with the merits in an answer. All procedural defenses, 14 including exhaustion, must be raised in a single motion to dismiss. 15 5. In any answer filed on the merits, Respondents must specifically cite to and 16 address the applicable state court written decision and state court record materials, 17 if any, regarding each claim within the response as to that claim. 18 6. Respondents must file the state court exhibits relevant to their response in 19 chronological order. 20 7. All state court records and related exhibits must be filed in accordance with Local 21 Rules IA 10-3 and IC 2-2 and include a separate index identifying each exhibit by 22 number or letter. The index must be filed in CM/ECF’s document upload screen as 23 the base document to receive the base docket number (e.g., ECF No. 10). Each 24 exhibit must then be filed as “attachments” to the base document to receive a 25 sequenced sub-docket number (e.g., Exhibit A (ECF No. 10-1), Exhibit B (ECF No. 26 10-2), Exhibit C (ECF No. 10-3), and so forth). If the exhibits will span more than 27 one filing, the base document in each successive filing must be either a copy of 28 the index or volume cover page. See LR IC 2-2(a)(3)(A). 1 8. Notwithstanding Local Rule IC 2-2(g), paper copies of any electronically filed 2 exhibits need not be provided to chambers or to the staff attorney, unless later 3 directed by the court. 4 DATED THIS 27" day of August 2024. 7 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28