ROBERT C. JONES, District Judge.
Before the court are petitioner's motion to alter or amend judgment and/or motion for reconsideration (#37), respondents' opposition (#38), and petitioner's reply (#39). The court grants petitioner's motion in part.
In its previous order (#36), the court granted respondents' motion to dismiss (#18) in part with respect to ground 2 of the petition for a writ of habeas corpus (#4).
In petitioner's opposition to the motion to dismiss (#25), he argued that ground 2 also contained a due-process claim that the hearing officer did not meet the state evidentiary standards of Administrative Regulation 707. The court noted that ground 2 contained no such allegations and did not address the matter further. Petitioner first argues in his motion for reconsideration that ground 2 actually does contain an allegation that the prison disciplinary officer violated Administrative Regulation 707. The excerpt of ground 2 that he quotes is conspicuous in its absence of any mention of that regulation, and the rest of ground 2 also does not mention the regulation. The court denies this part of the motion for reconsideration.
Petitioner also clarifies the equal-protection claim in ground 2. The court found that petitioner had not presented any equal-protection claim to the Nevada Supreme Court. That remains true. Petitioner argues that the equal-protection claim actually is that the state district court erred in its ruling in his post-conviction state habeas corpus petition and that the Nevada Supreme Court failed to correct the error. "[A] petition alleging errors in the state post-conviction review process is not addressable through habeas corpus proceedings."
IT IS THEREFORE ORDERED that petitioner's motion to alter or amend judgment and/or motion for reconsideration (#37) is
IT IS FURTHER ORDERED that the part of the court's previous order (#36) requiring petitioner to file an election with regard to ground 2 is
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date of entry of this order to file and serve an answer, which shall comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner shall have forty-five (45) days from the date on which the answer is served to file a reply.