1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 NICHOLAS BARKSDALE HOWARD, Case No. 3:16-cv-00631-RCJ-CBC 12 Petitioner, ORDER 13 v. 14 RENEE BAKER, et al., 15 Respondents. 16 17 This is a stayed an administratively closed habeas corpus action under

. 18 Petitioner has filed a motion to reopen. ECF No. 55. Respondents do not oppose the motion. 19 ECF No. 58. The court finds good cause to grant petitioner's motion. 20 IT THEREFORE IS ORDERED that petitioner's motion to reopen (ECF No. 55) is 21 GRANTED. The clerk of the court is directed to reopen this action and to lift the stay. 22 IT FURTHER IS ORDERED that respondents must file a response to the second amended 23 petition (ECF No. 53), including potentially by motion to dismiss, within 60 days entry of this 24 order and that petitioner may file a reply within 30 days of service of an answer. The response 25 and reply time to any motion filed by either party, including a motion filed in lieu of a pleading, 26 will be governed instead by Local Rule LR 7-2(b). 27 IT FURTHER IS ORDERED that any procedural defenses raised by respondents to the 28 second amended petition must be raised together in a single consolidated motion to dismiss. In 1 || other words, the court does not wish to address any procedural defenses raised herein either in 2 || serial fashion in multiple successive motions to dismiss or embedded in the answer. Procedural 3 || defenses omitted from such motion to dismiss will be subject to potential waiver. Respondents 4 | must not file a response in this case that consolidates their procedural defenses, if any, with their 5 || response on the merits, except pursuant to

(b)(2) as to any unexhausted claims 6 | clearly lacking merit. If respondents do seek dismissal of unexhausted claims under § 2254(b)(2): 7 || (a) they must do so within the single motion to dismiss not in the answer; and (b) they must 8 || specifically direct their argument to the standard for dismissal under § 2254(b)(2) set forth in 9 | Cassett v. Stewart,

(9th Cir. 2005). In short, no procedural defenses, 10 | including exhaustion, may be included with the merits in an answer. All procedural defenses, 11 || including exhaustion, instead must be raised by motion to dismiss. 12 IT FURTHER IS ORDERED that, in any answer filed on the merits, respondents must 13 || specifically cite to and address the applicable state court written decision and state court record 14 | materials, if any, regarding each claim within the response as to that claim. 15 IT FURTHER IS ORDERED that, notwithstanding Local Rule LR IC 2-2(g), paper copies 16 | of any electronically filed exhibits need not be provided to chambers or to the staff attorney, 17 | unless later directed by the court. 18 DATED: March 1, 2021. 19 | = OBERT G PONES 20 United suff District Judge 21 22 23 24 25 26 27 28