Edwards v. Johnson

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA CORINTHIAN EDWARDS, Case No. 2:22-cv-00007-GMN-NJK 4 Petitioner, ORDER v. CALVIN JOHNSON , et al., Respondents.

8 Following entry of appearance (ECF No. 13) of the Federal Public Defender, 9 IT IS THEREFORE ORDERED: 10 1. The Federal Public Defender, through Jeremy C. Baron, is appointed as counsel for 11 Petitioner Corinthian Edwards under 18 U.SC. § 3006A(a)(2)(B). Counsel will represent 12 Edwards in all federal proceedings related to this matter, including any appeals or certiorari 13 proceedings, unless allowed to withdraw.

14 2. Edwards has 120 days from entry of this order within which to file an amended petition or 15 seek other appropriate relief. Neither the foregoing deadline nor any extension thereof 16 signifies any implied finding as to the expiration of the federal limitations period or a basis 17 for tolling during the time period established. Edwards at all times remains responsible for 18 calculating the running of the federal limitation period and timely asserting claims, without 19 regard to any deadlines established or extensions granted herein. By setting a deadline to 20 amend the petition or by granting any extension thereof, I make no finding or representation 21 that the petition, any amendments thereto, or any claims are not subject to dismissal as 22 untimely. See Sossa v. Diaz, 729 F.3d 1225, 1235 (9th Cir. 2013).

23 3. Respondents shall file a response to the amended petition, including potentially by motion 24 to dismiss, within 60 days of service of an amended petition. Edwards may file a reply 25 thereto within 30 days of service of the response. The response and reply time to any 26 motion filed by either party, including a motion filed in lieu of a pleading, shall be governed 27 instead by Local Rule LR 7-2(b).

28 4. Procedural defenses raised by Respondents shall be raised in a single consolidated motion 1 to dismiss. I do not wish to address any procedural defenses either in seriatim fashion in 2 multiple successive motions to dismiss or embedded in the answer. Procedural defenses 3 omitted from such motion to dismiss will be subject to potential waiver. Respondents shall 4 not file a response that consolidates their procedural defenses, if any, with their responses 5 on the merits, except under 28 U.S.C § 2254(b)(2) as to any unexhausted claims clearly 6 lacking merit. If Respondents seek dismissal of unexhausted claims under § 2254(b)(2) 7 they must: (a) do so within the single motion to dismiss and not in the answer; and (b) 8 specifically direct their argument to the standard for dismissal under § 2254(b)(2) set forth 9 in Cassett v. Stewart, 406 F.3d 614, 623-24 (9th Cir. 2005). All procedural defenses, 10 including exhaustion, must be raised by motion to dismiss, and must not be included with 11 the merits in an answer.

12 5. In any answer filed on the merits, Respondents shall specifically cite to and address the 13 applicable state court written decision and state court record materials, if any, regarding 14 each claim within the response to that claim.

15 6. Any state court record and related exhibits filed herein by either party shall be filed with a 16 separate index of exhibits identifying the exhibits by number. The CM/ECF attachments 17 that are filed shall be identified by the number or numbers of the exhibits in the attachment.

18 If the exhibits will span more than one ECF Number in the record, the first document under 19 each successive ECF Number shall be either (1) another copy of the index, (2) a volume 20 cover page, or (3) some other document serving as a filler so that each exhibit under the 21 ECF Number thereafter will be listed under an attachment number (i.e., Attachment 1, 2, 22 etc.). The parties are directed to redact personal-data identifiers in all documents filed with 23 Court as required by LR IC 6.

24 7. Hard copies of exhibits shall be delivered to the Las Vegas Clerk’s Office.

25 Dated: August 23, 2022 26 GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE