MACK v. NEVEN

Case No. 2:15-cv-01728-RFB-GWF.

CHRISTOPHER D. MACK, Petitioner, v. WARDEN DWIGHT NEVEN, et al., Respondents.

United States District Court, D. Nevada.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Christopher D. Mack, Petitioner, Pro Se.

Warden Dwight Nevens, Respondent, represented by Adam P. Laxalt , Nevada Attorney General.


ORDER

RICHARD F. BOULWARE, II, District Judge.

This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a Nevada state prisoner.

Petitioner has filed a motion to proceed in forma pauperis. (ECF No. 1). Based on the information regarding petitioner's financial status, the Court finds that the motion to proceed in forma pauperis should be granted. The petition shall now be filed and served on respondents.

IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (ECF No. 1) is GRANTED.

IT IS FURTHER ORDERED that the Clerk shall FILE and ELECTRONICALLY SERVE the petition (ECF No. 1-1) upon the respondents. The Clerk of Court SHALL ADD Nevada Attorney General Adam Paul Laxalt to the CM/ECF docket sheet as counsel for respondents.

IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the entry of this order within which to answer, or otherwise respond to, the petition. In their answer or other response, respondents shall address all claims presented in the petition. Respondents shall raise all potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and procedural default. Successive motions to dismiss will not be entertained. If an answer is filed, respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have forty-five (45) days from the date of service of the answer to file a reply.

IT IS FURTHER ORDERED that any state court record exhibits filed by respondents shall be filed with a separate index of exhibits identifying the exhibits by number or letter. The hard copy of all state court record exhibits shall be forwarded, for this case, to the staff attorneys in the Reno Division of the Clerk of Court.


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