1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4

5 FRANCISCO ARCIBAL, Case No. 2:23-cv-00097-ART-NJK

6 Petitioner, ORDER v. 7

8 BEAN, ACTING WARDEN, et al.,

9 Respondents.

10 11 This counseled habeas matter is before the Court on Petitioner Francisco 12 Arcibal’s Motion for Reconsideration of the Court’s December 6, 2024, Order 13 Reopening the Case (“Motion” (ECF No. 30)). On December 6, 2024, this Court 14 granted Arcibal’s motion to reopen this matter and reset the briefing schedule 15 (ECF No. 27) but inadvertently directed Petitioner “to file an amended petition 16 updating the procedural history and statements of exhaustion without 17 supplementing or otherwise altering the claims stated in the Petition,” even 18 though Petitioner has not yet filed an amended petition and did not represent 19 that he need only supplement the procedural history and statements of 20 exhaustion. (ECF No. 29.) The Court finds there is good cause to grant the Motion 21 (ECF No. 30) and resets the briefing schedule to allow Petitioner to file an 22 amended petition. 23 IT IS THEREFORE ORDERED: 24 1. Petitioner Francisco Arcibal’s Motion for Reconsideration of the Court’s 25 December 6, 2024, Order Reopening the Case (ECF No. 30) is granted. 26 2. Petitioner has until January 10, 2025, to file an amended petition. 27 3. Respondents will have 60 days to answer, or otherwise respond to, the 28 amended petition. 1 4. Petitioner shall have 60 days following service of the answer to file and 2 serve a reply brief. 3 5. If a dispositive motion is filed, the parties shall brief the motion in 4 accordance with LR 7-2 and 7-3. 5 6. All procedural defenses to the amended petition, including exhaustion, 6 must be raised together in a single consolidated motion to dismiss. 7 Procedural defenses omitted from such motion to dismiss will be subject 8 to potential waiver. Respondents must not file a response in this case 9 that consolidates their procedural defenses, if any, with their response 10 on the merits, except pursuant to

(b)(2) as to any 11 unexhausted claims clearly lacking merit. If Respondents seek 12 dismissal of unexhausted claims under § 2254(b)(2), they must: (a) do 13 so within the single motion to dismiss and not in the answer; and (b) 14 specifically direct their argument to the standard for dismissal under § 15 2254(b)(2) set forth in Cassett v. Stewart,

, 623–24 (9th 16 Cir. 2005). 17 7. In any answer filed on the merits, Respondents must specifically cite to 18 and address the applicable state court written decision and state court 19 record materials, if any, regarding each claim within the response as to 20 that claim. 21 8. Respondents must file, in chronological order, a set of state-court 22 exhibits relevant to their response to the petition. All state-court records 23 and related exhibits must be filed in accordance with LR IA 10-3 and LR 24 IC 2-2 and include a separate index identifying each exhibit by number. 25 The index must be filed in CM/ECF’s document upload screen as the 26 base document to receive the base docket number (e.g., ECF No. 10). 27 Each exhibit must then be filed as an “attachment” to the base 28 document for each exhibit to receive a sequenced sub-docket number 1 (e.g., Exhibit 1 (ECF No. 10-1), Exhibit 2 (ECF No. 10-2), Exhibit 3 (ECF 2 No. 10-3), and so forth). If the exhibits span more than one filing, the 3 base document in each successive filing must be either a copy of the 4 index or volume cover page. See LR IC 2-2(a)(3)(A). The purpose of this 5 provision is to ensure the Court and any reviewing court may quickly 6 determine from the face of the electronic docket sheet which numbered 7 exhibits are filed in which attachments. 8 9. Any physical or hard copy exhibits for this case must be forwarded to 9 the Las Vegas Clerk’s Office. 10 10. Notwithstanding LR IC 2-2(g), paper copies of any electronically filed 11 exhibits need not be provided to chambers or to the staff attorney, 12 unless later directed by the court. 13 14 DATED THIS □□ day of December 2024. 15 16 Ana NondIde 17 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28