CLARK v. NEVEN, 2:11-cv-00585-KJD-PAL. (2014)
Court: District Court, D. Nevada
Number: infdco20140520a10
Visitors: 6
Filed: May 16, 2014
Latest Update: May 16, 2014
Summary: ORDER KENT J. DAWSON, District Judge. The court granted in part respondents' motion to dismiss (#46), and the court directed petitioner to file a motion that indicated what he wanted to do with the unexhausted part of ground 2 of the amended petition (#35). Order (#57). Petitioner has submitted a motion for partial dismissal of unexhausted ground part of ground two of amended petition (#58), with an accompanying declaration signed by petitioner himself (#59). Respondents do not oppose the mot
Summary: ORDER KENT J. DAWSON, District Judge. The court granted in part respondents' motion to dismiss (#46), and the court directed petitioner to file a motion that indicated what he wanted to do with the unexhausted part of ground 2 of the amended petition (#35). Order (#57). Petitioner has submitted a motion for partial dismissal of unexhausted ground part of ground two of amended petition (#58), with an accompanying declaration signed by petitioner himself (#59). Respondents do not oppose the moti..
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ORDER
KENT J. DAWSON, District Judge.
The court granted in part respondents' motion to dismiss (#46), and the court directed petitioner to file a motion that indicated what he wanted to do with the unexhausted part of ground 2 of the amended petition (#35). Order (#57). Petitioner has submitted a motion for partial dismissal of unexhausted ground part of ground two of amended petition (#58), with an accompanying declaration signed by petitioner himself (#59). Respondents do not oppose the motion (#60). The court grants the motion.
In the motion for partial dismissal, petitioner has rewritten ground 2 to remove the unexhausted parts of the ground; that rewriting shall become the operative version of ground 2.
IT IS THEREFORE ORDERED that petitioner's motion for partial dismissal of unexhausted ground part of ground two of amended petition (#58) is GRANTED.
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.
Source: Leagle
