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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 RONICIA BENJAMIN, Case No. 3:22-cv-00409-ART-CSD 5 Petitioner, Order Granting Application to 6 v. Proceed In Forma Pauperis and Setting Briefing Schedule 7 BARRY L. BRESLOW, et al., (ECF No. 7) 8 Respondents.

9 The court provisionally appointed the Federal Public Defender to represent 10 Ronicia Benjamin in this

habeas corpus matter. (ECF No. 4.) 11 Benjamin’s application to proceed in forma pauperis is granted. (ECF No. 7.) On 12 November 23, 2022, Martin Novillo of the Federal Public Defender’s Office 13 appeared on behalf of petitioner. (ECF No. 8.) 14 IT IS THEREFORE ORDERED that petitioner’s application to proceed in 15 forma pauperis (ECF No. 7) is GRANTED. 16 IT IS FURTHER ORDERED that counsel for petitioner meet with petitioner 17 as soon as reasonably possible to: (a) review the procedures applicable in cases 18 under

; (b) discuss and explore with petitioner, as fully as 19 possible, the potential grounds for habeas corpus relief in petitioner's case; and 20 (c) advise petitioner that all possible grounds for habeas corpus relief must be 21 raised at this time and that the failure to do so will likely result in the omitted 22 grounds being barred from future review under the rules regarding abuse of writ. 23 IT IS FURTHER ORDERED that counsel for petitioner file an amended 24 petition for writ of habeas corpus within 90 days, which includes all known 25 grounds for relief (both exhausted and unexhausted). 26 IT IS FURTHER ORDERED that respondents file a response to the petition 27 within 90 days of service of the petition. Petitioner will then have 45 days from 28 1 service of the answer, motion to dismiss, or other response to file a reply or 2 opposition. Any other motions will be subject to the normal briefing schedule 3 under the local rules. 4 Any response to the petition must comport with Habeas Rule 5. 5 Additionally: 6 1. Any procedural defenses raised by respondents in this case must be 7 8 raised together in a single, consolidated motion to dismiss. In other 9 words, the court does not wish to address any procedural defenses raised 10 herein either in seriatum fashion in multiple successive motions to 11 dismiss or embedded in the answer. Procedural defenses omitted from 12 the motion to dismiss will be subject to potential waiver. 13 2. Respondents must not file a response in this case that consolidates their 14 15 procedural defenses, if any, with their response on the merits, except 16 under

(b)(2) as to any unexhausted claims clearly 17 lacking merit. If respondents do seek dismissal of unexhausted claims 18 under § 2254(b)(2): (a) they must do so within the single motion to 19 dismiss, not in the answer, and (b) they must specifically direct their 20 argument to the standard for dismissal under § 2254(b)(2) set forth in 21 22 Cassett v. Stewart,

, 623–24 (9th Cir. 2005). In short, no 23 procedural defenses, including exhaustion, should be included with the 24 merits in an answer. All procedural defenses, including exhaustion, must 25 instead be raised by motion to dismiss. 26 3. In any answer filed on the merits, respondents must specifically cite to and 27 28 address the applicable state-court written decision and state-court record 1 materials, if any, regarding each claim within the response as to that claim; 2 and 3 4. Respondents must file a set of state court exhibits relevant to the 4 response filed to the petition. Those exhibits must be filed chronologically ° and be accompanied by a separate index of exhibits identifying the exhibits by number. The CM/ECF attachments that are filed must be

8 identified by the number or numbers of the exhibits in the attachment. 9 The purpose of this provision is to allow the court and any reviewing 10 court thereafter to quickly determine from the face of the electronic 11 docket sheet which numbered exhibits are filed in which attachments. 12 Respondents must send a hard copy of all pleadings and indices of exhibits ONLY filed for this case to the Clerk of Court, 400 S. Virginia St., 15 Reno, NV, 89501, directed to the attention of “Staff Attorney” on the 16 outside of the mailing address label. 17 18 19 DATED THIS 2nd day of December 2022.

20 2 Ana floss dem 22 ANNE R. TRAUM 23 UNITED STATES DISTRICT JUDGE 24 25 26 27 28