2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 DENNIS MULFORD, Case No. 3:25-cv-00597-MMD-CLB

7 Petitioner, SCHEDULING ORDER v. 8

9 STATE OF NEVADA, et al.,

10 Respondents. 11 On October 29, 2025, this Court granted Petitioner Dennis Mulford’s motion for 12 appointment of counsel and gave the Federal Public Defender 30 days to (1) undertake 13 direct representation of Mulford by filing a notice of appearance or (2) indicate the office’s 14 inability to represent Mulford in these proceedings. (ECF No. 5.) On December 1, 2025, 15 the Federal Public Defender filed a notice of appearance. (ECF No. 8.) 16 It is therefore ordered that the Federal Public Defender, through Martin L. Novillo, 17 is appointed as counsel pursuant to 18 U.S.C. § 3006A(a)(2)(B). Counsel will represent 18 Mulford in all federal proceedings related to this matter, including any appeals or certiorari 19 proceedings, unless allowed to withdraw. 20 It is further ordered that Mulford shall have up to and including 90 days from entry 21 of this Order to file an amended petition and/or seek other appropriate relief. Neither the 22 foregoing deadline nor any extension thereof signifies or will signify any implied finding 23 as to the expiration of the federal limitation period and/or of a basis for tolling during the 24 time period established. Mulford remains responsible for calculating the running of the 25 federal limitation period and timely asserting claims, without regard to any deadlines 26 established or extensions granted herein. That is, by setting a deadline to amend the 27 petition and/or by granting any extension thereof, the Court makes no finding or 28 representation that the petition, any amendments thereto, and/or any claims contained 2 (9th Cir. 2013). 3 It is further ordered that Respondents shall file a response to the amended petition, 4 including potentially by motion to dismiss, within 60 days of service of an amended petition 5 and that Mulford may file a reply thereto within 30 days of service of the answer. The 6 response and reply time to any motion filed by either party, including a motion filed in lieu 7 of a pleading, shall be governed instead by Local Rule LR 7-2(b). 8 It is further ordered that any procedural defenses raised by Respondents to the 9 counseled amended petition shall be raised together in a single consolidated motion to 10 dismiss. In other words, the Court does not wish to address any procedural defenses 11 raised herein either in seriatum fashion in multiple successive motions to dismiss or 12 embedded in the answer. Procedural defenses omitted from such motion to dismiss will 13 be subject to potential waiver. Respondents shall not file a response in this case that 14 consolidates their procedural defenses, if any, with their response on the merits, except 15 pursuant to

(b)(2) as to any unexhausted claims clearly lacking merit. If 16 Respondents do seek dismissal of unexhausted claims under § 2254(b)(2): (a) they shall 17 do so within the single motion to dismiss not in the answer; and (b) they shall specifically 18 direct their argument to the standard for dismissal under § 2254(b)(2) set forth in Cassett 19 v. Stewart,

(9th Cir. 2005). In short, no procedural defenses, 20 including exhaustion, shall be included with the merits in an answer. All procedural 21 defenses, including exhaustion, must be raised by motion to dismiss. 22 It is further ordered that, in any answer filed on the merits, Respondents shall 23 specifically cite to and address the applicable state court written decision and state court 24 record materials, if any, regarding each claim within the response as to that claim. 25 It is further ordered that any state court record and related exhibits filed herein by 26 either Mulford or Respondents shall be filed with a separate index of exhibits identifying 27 the exhibits by number. The CM/ECF attachments that are filed further shall be identified 28 by the number or numbers of the exhibits in the attachment. If the exhibits filed will span 1 more than one ECF number in the record, the first document under each successive ECF 2 || number shall be either another copy of the index, a volume cover page, or some other 3 || document serving as a filler, so that each exhibit under the ECF number thereafter will be 4 || listed under an attachment number (i.e., attachment 1, 2, etc.). 5 It is further ordered that courtesy copies of exhibits shall not be provided. 6 DATED THIS 2" Day of December 2025.

8 MIRANDA M. DU 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28