United States District Court, D. Nevada
ORDER ACCEPTING WAIVER OF CONFLICT OF
INTEREST AND SCHEDULING FURTHER
Jennifer A. Dorsey U.S. District Judge.
action is a petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2254 by Eugene Nunnery, a Nevada prisoner
under sentence of death. On October 10, 2019, the court
granted Nunnery's motion for appointment of counsel,
appointed the Federal Public Defender for the District of
Nevada (FPD) to represent Nunnery, and ordered the FPD to
file either a notice of appearance as counsel for petitioner
or a notice indicating its inability to represent petitioner
in these proceedings. On November 12, 2019, the FPD filed a
Notice of Conditional Acceptance of Appointment as Counsel
for Petitioner and Disclosure of Conflict. In that filing,
the FPD disclosed that it has a potential conflict with
respect to its representation of Nunnery in that two current
employees of the FPD worked as investigators for
Nunnery's defense counsel in state court. The FPD
represents that, notwithstanding this potential conflict,
Nunnery wishes to be represented by the FPD in this federal
habeas corpus action and has executed a waiver of the
conflict. The FPD also describes the measures it has
taken to ameliorate the effects of the
conflict. Having examined the notice filed by the
FPD and the waiver signed by Nunnery,  the court accepts
accordance with Federal Rule of Civil Procedure 16(b), the
Rules Governing Section 2254 Cases in the United States
District Courts, and Local Rule 16-1, the court sets the
following schedule for further proceedings in this action:
has 60 days from the date of this order to file and serve an
amended petition for a writ of habeas corpus. The amended
petition must specifically state whether each ground for
relief has been exhausted in state court; for each claim that
has been exhausted in state court, the amended petition must
state how, when, and where that occurred. If petitioner
determines that an amended petition need not be filed, then,
within the time for the filing of an amended petition,
petitioner must file and serve a statement to that effect.
Response to Petition.
will have 60 days following service of the amended petition
to file and serve an answer or other response to the amended
petition. If petitioner does not file an amended petition,
respondents will have 60 days following the due-date for the
amended petition to file and serve an answer or other
response to the original petition.
Reply and Response to Reply.
will have 45 days following service of an answer to file and
serve a reply. Respondents will then have 30 days following
service of a reply to file and serve a response to the reply.
Briefing of Motion to Dismiss.
respondents file a motion to dismiss, petitioner will have 30
days following service of the motion to file and serve an
opposition to the motion.
will then have 30 days following service of the opposition to
file and serve a reply.
petitioner wishes to move for leave to conduct discovery,
petitioner must file and serve such motion concurrently with,
but separate from, the response to respondents' motion to
dismiss or the reply to respondents' answer. Any motion
for leave to conduct discovery filed by petitioner before
that time may be considered premature and may be denied
without prejudice on that basis. Respondents must file and
serve a response to any such motion concurrently with, but
separate from, their reply in support of their motion to
dismiss or their response to petitioner's reply.
Petitioner will then have 20 days to file and serve a reply
in support of the motion ...