The opinion
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4 UNITED STATES DISTRICT COURT
5 DISTRICT OF NEVADA
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7 MAJUNIQUE BROWN, Case No. 2:24-cv-02318-RFB-MDC
8 Petitioner, SCHEDULING ORDER
9 v.
10 REUBART,
11 Defendants.
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13 On April 7, 2025, this Court granted Petitioner Majunique Brown’s motion for appointment
14 of counsel, provisionally appointed the Federal Public Defender, and gave the Federal Public
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Defender 30 days to (1) undertake direct representation of Brown by filing a notice of appearance
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or (2) indicate the office’s inability to represent Brown in these proceedings. ECF No. 5. On May
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6, 2025, the Federal Public Defender timely filed their notice of appearance. ECF No. 10.
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19 IT IS THEREFORE ORDERED that the Federal Public Defender, through Margaret
20 Lambrose, Esq., is appointed as counsel for Brown pursuant to 18 U.S.C. §
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3006A(a)(2)(B). Counsel will represent Brown in all federal proceedings related to this matter,
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including any appeals or certiorari proceedings, unless allowed to withdraw.
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IT IS FURTHER ORDERED that Brown has up to and including 90 days from entry of
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25 this order within which to file an amended petition and/or seek other appropriate relief. Neither
26 the foregoing deadline nor any extension thereof signifies or will signify any implied finding as to
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the expiration of the federal limitation period and/or of a basis for tolling during the time period
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established. Brown remains responsible for calculating the running of the federal limitation period
1 and timely asserting claims, without regard to any deadlines established or extensions granted
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herein. That is, by setting a deadline to amend the petition and/or by granting any extension
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thereof, the Court makes no finding or representation that the petition, any amendments thereto,
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and/or any claims contained therein are not subject to dismissal as untimely. See Sossa v. Diaz,
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6 729 F.3d 1225, 1235 (9th Cir. 2013).
7 IT IS FURTHER ORDERED that Respondents shall file a response to the amended
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petition, including potentially by motion to dismiss, within 60 days of service of an amended
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petition and that Brown may file a reply thereto within 30 days of service of the answer. The
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response and reply time to any motion filed by either party, including a motion to dismiss, shall be
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12 governed instead by Local Rule LR 7-2(b).
13 IT IS FURTHER ORDERED that any procedural defenses raised by Respondents to the
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counseled amended petition shall be raised together in a single consolidated motion to dismiss. In
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other words, the Court does not wish to address any procedural defenses raised herein either in
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seriatum fashion in multiple successive motions to dismiss or embedded in the answer. Procedural
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18 defenses omitted from such motion to dismiss will be subject to potential waiver. Respondents
19 shall not file a response in this case that consolidates their procedural defenses, if any, with their
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response on the merits, except pursuant to 28 U.S.C. § 2254(b)(2) as to any unexhausted claims
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clearly lacking merit. If Respondents do seek dismissal of unexhausted claims under § 2254(b)(2):
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(a) they shall do so within the single motion to dismiss not in the answer; and (b) they shall
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24 specifically direct their argument to the standard for dismissal under § 2254(b)(2) set forth in
25 Cassett v. Stewart, 406 F.3d 614, 623-24 (9th Cir. 2005). In short, no procedural defenses,
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including exhaustion, shall be included with the merits in an answer. All procedural defenses,
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including exhaustion, instead must be raised by motion to dismiss.
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1 IT IS FURTHER ORDERED that, in any answer filed on the merits, Respondents shall
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specifically cite to and address the applicable state court written decision and state court record
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materials, if any, regarding each claim within the response as to that claim.
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IT IS FURTHER ORDERED that any state court record and related exhibits filed herein
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6 by either Brown or Respondents shall be filed with a separate index of exhibits identifying the
7 exhibits by number. The CM/ECF attachments that are filed further shall be identified by the
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number or numbers of the exhibits in the attachment. If the exhibits filed will span more than one
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ECF Number in the record, the first document under each successive ECF Number shall be either
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another copy of the index, a volume cover page, or some other document serving as a filler, so that
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12 each exhibit under the ECF Number thereafter will be listed under an attachment number (i.e.,
13 Attachment 1, 2, etc.).
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IT IS FURTHER ORDERED that courtesy copies of exhibits shall not be provided.
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DATED: June 3, 2025.
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17 __________________________________
18 RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
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