United States District Court, D. Nevada
ORDER GRANTING APPLICATION TO PROCEED IN FORMA
PAUPERIS [ECF NO. 1]
JENNIFER A. DORSEY U.S. DISTRICT JUDGE.
Adjudicated habitual criminal and pro se petitioner Harold
Edwards is serving a 10-25-year sentence at the Southern
Desert Correctional Center after he pled guilty to committing
burglary. He petitions for a writ of habeas corpus
under 28 U.S.C. § 2254,  and he applies to proceed in
forma pauperis After reviewing Edwards's financial
certificate, I find that he is unable to pay the filing fee,
so I grant his motion to proceed in forma pauperis.
I have also screened his petition under Habeas Rule 4, and I
direct the Clerk of Court to docket it and serve it on the
petition for federal habeas corpus should include all claims
for relief that the petitioner is aware of. If Edwards fails
to include a claim in his petition, he may be forever barred
from seeking federal habeas relief for that
claim. If Edwards is aware of any claim not
included in his petition, he should notify the court of that
as soon as possible, perhaps by means of a motion to amend
his petition to add the claim.
unclear whether Edwards's state-court proceedings have
concluded, and Edwards states in his petition that he thinks
there was a mix up in case numbers at either the Nevada
Supreme Court, the Nevada Court of Appeals, or both. So, I
order respondents to file a responsive pleading.
IT IS HEREBY ORDERED that Edwards's application to
proceed in forma pauperis [ECF No. 1] is GRANTED The
Clerk of Court is directed to DETACH and FILE the petition
[ECF No. 1-1] and ELECTRONICALLY SERVE it on the respondents.
The Clerk of Court is also directed to add Adam Paul Laxalt,
Nevada Attorney General, as counsel for respondents.
FURTHER ORDERED that respondents have until July 12, 2018, to
answer or move to dismiss the petition. All other motions and
requests for relief will be governed by the local rules'
normal briefing schedule. Any response filed must comply with
the remaining provisions below, which are entered in
accordance with Habeas Rule 5.
FURTHER ORDERED that any procedural defenses raised by
respondents in this case must be raised together in a single,
consolidated motion to dismiss. Successive motions and
procedural defenses raised in the answer will not be
entertained, and procedural defenses that are not included in
the dismissal motion will be deemed waived. Respondents may
not file a response in this case that consolidates their
procedural defenses, if any, with their response on the
merits, except under 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 must do so within the single dismissal motion, not
in the answer; and (b) they must specifically direct their
argument to the dismissal standard under § 2254(b)(2) as
set forth in Cassett v. Stewart, 406 F.3d 614,
623-24 (9th Cir. 2005). In short, no procedural defenses,
including exhaustion, may be included with the merits of an
answer-instead, they must be raised in a single, consolidated
motion to dismiss.
FURTHER ORDERED that, in any answer filed on the merits,
respondents must specifically cite to and address the
applicable state-court written decision and
state-court-record materials, if any, regarding each claim
within the response to that claim.
FURTHER ORDERED that Edwards will have 45 days from service
of the answer, motion to dismiss, or other response to file a
reply or opposition; any other requests for relief by
respondents by motion otherwise are subject to the normal
briefing schedule under the local rules.
FURTHER ORDERED that any additional state-court-record
exhibits filed in this case by either Edwards or respondents
must be filed with a separate index of exhibits identifying
the exhibits by number. The CM/ECF attachments that are filed
must also be identified by the number of the exhibit in the
FURTHER ORDERED that the parties MUST SEND courtesy copies of
all exhibits in this case to the Clerk of Court, 400 S.
Virginia St., Reno, NV, 89501, directed to the attention of
"Staff Attorney" on the outside of the mailing
address label. And in the future, all parties must provide
courtesy copies of any additional exhibits submitted to the
court in this case in the manner described above.
 ECF No. 1-1 at 1-2. See also
Nev. Dep't of Corr. (Apr. 11, 2018)
http://doc.nv.gov/Inmates/Home/ (inmate search by
name Harold ...