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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 RANDY KYLE CHAPPELL, Case No. 3:25-cv-00060-ART-CSD 5 Petitioner, APPOINTMENT AND 6 v. SCHEDULING ORDER

7 NETHANJAH BREITENBACH,

8 Respondents.

9 On February 4, 2025, this Court granted Petitioner Randy Kyle Chappell’s 10 motion for appointment of counsel, provisionally appointed the Federal Public 11 Defender to represent Chappell, and gave the Federal Public Defender 30 days to 12 (1) undertake direct representation of Chappell by filing a notice of appearance 13 or (2) indicate the office’s inability to represent Chappell in these proceedings. 14 (ECF No. 3.) On March 3, 2025, the Federal Public Defender timely filed their 15 notice of appearance. (ECF No. 6.) 16 It is ordered that the Federal Public Defender, through Kimberly Sandberg, 17 Esq., is appointed as counsel for Chappell pursuant to

3006A(a)(2)(B). Counsel will represent Chappell in all federal proceedings related 19 to this matter, including any appeals or certiorari proceedings, unless allowed to 20 withdraw. 21 It is further ordered that Chappell shall have until up to and including 90 22 days from entry of this Order within which to file an amended petition and/or 23 seek other appropriate relief. Neither the foregoing deadline nor any extension 24 thereof signifies or will signify any implied finding as to the expiration of the 25 federal limitation period and/or of a basis for tolling during the time period 26 established. Chappell remains responsible for calculating the running of the 27 federal limitation period and timely asserting claims, without regard to any 28 1 deadlines established or extensions granted herein. That is, by setting a deadline 2 to amend the petition and/or by granting any extension thereof, the Court makes 3 no finding or representation that the petition, any amendments thereto, and/or 4 any claims contained therein are not subject to dismissal as untimely. See Sossa 5 v. Diaz,

(9th Cir. 2013). 6 It is further ordered that Respondents shall file a response to the amended 7 petition, including potentially by motion to dismiss, within 60 days of service of 8 the amended petition and that Chappell may file a reply thereto within 30 days 9 of service of the answer. The response and reply time to any motion filed by either 10 party, including a motion to dismiss, shall be governed instead by Local Rule LR 11 7-2(b). 12 It is further ordered that any procedural defenses raised by Respondents 13 to the counseled amended petition shall be raised together in a single 14 consolidated motion to dismiss. In other words, the Court does not wish to 15 address any procedural defenses raised herein either in seriatum fashion in 16 multiple successive motions to dismiss or embedded in the answer. Procedural 17 defenses omitted from such motion to dismiss will be subject to potential 18 waiver. Respondents shall not file a response in this case that consolidates their 19 procedural defenses, if any, with their response on the merits, except pursuant 20 to

(b)(2) as to any unexhausted claims clearly lacking merit. If 21 Respondents do seek dismissal of unexhausted claims under § 2254(b)(2): (a) they 22 shall do so within the single motion to dismiss not in the answer; and (b) they 23 shall specifically direct their argument to the standard for dismissal under § 24 2254(b)(2) set forth in Cassett v. Stewart,

(9th Cir. 2005). In 25 short, no procedural defenses, including exhaustion, shall be included with the 26 merits in an answer. All procedural defenses, including exhaustion, instead must 27 be raised by motion to dismiss. 28 It is further ordered that, in any answer filed on the merits, Respondents 1 || shall specifically cite to and address the applicable state court written decision 2 || and state court record materials, if any, regarding each claim within the response 3 || as to that claim. 4 It is further ordered that any state court record and related exhibits filed 5 || herein by either Chappell or Respondents shall be filed with a separate index of 6 || exhibits identifying the exhibits by number. The CM/ECF attachments that are 7 || filed further shall be identified by the number or numbers of the exhibits in the 8 || attachment. If the exhibits filed will span more than one ECF Number in the 9 || record, the first document under each successive ECF Number shall be either 10 || another copy of the index, a volume cover page, or some other document serving 11 || as a filler, so that each exhibit under the ECF Number thereafter will be listed 12 || under an attachment number (i.e., Attachment 1, 2, etc.). 13 It is further ordered that courtesy copies of exhibits shall not be provided. 14 It is further ordered that the motion for leave to proceed in forma pauperis 15 || (ECF No. 1) is granted.! 16 DATED THIS 14th day of March 2025. 17 18 ee 19 Ans jlosead 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 1 Upon inspection, although this Court found good cause existed to grant 27 || Chappell’s in forma pauperis application within the discussion portion of its previous Order, it neglected to grant the motion within the conclusion section of 28 || the Order. (ECF No. 3.)