Jarvis Allen Aragon v. Terry Royal, et al.

3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * JARVIS ALLEN ARAGON, Case No. 3:25-cv-00456-MMD-CSD 7 Petitioner, ORDER 8 v. TERRY ROYAL, et al., 10 Respondents.

11 Petitioner Jarvis Allen Aragon submits a pro se § 2254 habeas petition for writ of habeas corpus. (ECF No. 1-1.) His application to proceed in forma pauperis (ECF No. 1) is granted. The Court reviews the petition pursuant to Habeas Rule 4 and directs that it be served on Respondents.

15 A petition for federal habeas corpus should include all claims for relief of which Petitioner is aware. If Petitioner fails to include such a claim in his petition, he may be forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C. § 18 2254(b) (successive petitions). If Petitioner is aware of any claim not included in his petition, he should notify the court as soon as possible through a motion to amend his petition to add the claim.

21 It is therefore ordered that the Clerk of Court kindly detach, file, and electronically serve the petition (ECF No. 1-1) on Respondents.

23 It is further ordered that that the Clerk of Court add Aaron D. Ford, Nevada Attorney General, as counsel for Respondents and provide Respondents an electronic copy of all items previously filed in this case by regenerating the Notice of Electronic Filing to the office of the Attorney General only.

1 It is further ordered that Respondents file a response to the petition, including potentially by motion to dismiss, within 90 days of service. Any other motions for relief by Petitioner are subject to the normal briefing schedule under the local rules. Any response filed must comply with the remaining provisions below, which are entered pursuant to Habeas Rule 5.

6 It is further ordered that any procedural defenses raised by Respondents in this case be raised together in a single consolidated motion to dismiss. The Court does not wish to address any procedural defenses either in multiple successive motions to dismiss or embedded in the answer. Procedural defenses omitted from such a consolidated motion to dismiss will be subject to potential waiver. Respondents should not file a response in this case that consolidates their procedural defenses, if any, with their response on the merits, except pursuant to 28 U.S.C. § 2254(b)(2) as to any unexhausted claims clearly lacking merit. If Respondents do seek dismissal of unexhausted claims under § 2254(b)(2): (a) they will do so within the single motion to dismiss not in the answer; and (b) they will specifically direct their argument to the standard for dismissal under § 2254(b)(2) set forth in Cassett v. Stewart, 406 F.3d 614, 623-24 (9th Cir. 2005).

17 In short, no procedural defenses, including exhaustion, should be included with the merits in an answer. All procedural defenses, including exhaustion, must instead be raised by motion to dismiss.

20 It is further ordered that, in any answer filed on the merits, Respondents specifically cite to and address the applicable state court written decision and record materials, if any, regarding each claim within the response as to that claim.

23 It is further ordered that Petitioner has 45 days from service of the answer, motion to dismiss, or other response to file a reply or opposition. Any other motions for relief by Respondent will otherwise be subject to the normal briefing schedule under the local rules.

1 It is further ordered that any state court record exhibits be filed with a separate || index identifying the exhibits by number. The parties will identify filed CM/ECF || attachments by the number of the exhibit in the attachment. Each exhibit must be filed as || aseparate attachment.

5 It is further ordered that, at this time, the parties send courtesy copies of any || responsive pleading or motion and all indices of exhibits only to the Reno Division of this || court. Courtesy copies must be mailed to the Clerk of Court, 400 S. Virginia St., Reno, || NV, 89501 and directed to the attention of “Staff Attorney” on the outside of the mailing || address label. No further courtesy copies are required unless and until requested by the || Court.

42 DATED THIS 2" Day of October 2025.

45 MIRANDA M. DU UNITED STATES DISTRICT JUDGE