Nash v. Unknown

Filing 19

ORDER GRANTING Respondent's 18 Request to Withdraw 16 Motion to Dismiss; ORDER VACATING 17 Findings and Recommendations; ORDER DIRECTING Respondent to File Answer to First Amended Petition, signed by Magistrate Judge Jennifer L. Thurston on 9/14/17. Sixty Day Deadline. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGELIQUE NASH, 12 Petitioner, 13 v. 14 D. G. ADAMS, 15 No. 1:17-cv-00238-AWI-JLT (HC) ORDER GRANTING RESPONDENT’S REQUEST TO WITHDRAW MOTION TO DISMISS [Docs. 16, 18] ORDER VACATING FINDINGS AND RECOMMENDATION [Doc. 17] Respondent. ORDER DIRECTING RESPONDENT TO FILE ANSWER TO FIRST AMENDED PETITION 16 17 [SIXTY DAY DEADLINE] 18 19 20 Petitioner filed a habeas petition on February 17, 2017, challenging her 2013 conviction in 21 Kern County Superior Court of first degree murder with special circumstances. On May 5, 2017, 22 she filed a First Amended Petition. (Doc. 10.) On July 6, 2017, Respondent filed a motion to 23 dismiss the petition as premature. (Doc. 16.) Petitioner did not file an opposition. On September 24 8, 2017, the Court issued Findings and Recommendation to grant Respondent’s motion to dismiss 25 and to dismiss the petition as premature. 26 On September 13, 2017, Respondent filed a request to withdraw the motion to dismiss. 27 Respondent states that the information presented was incorrect. Petitioner notified Respondent 28 that state review was pending in her sister’s case (Katila Jean Nash), rather than Petitioner’s. 1 1 Respondent submits that Petitioner is correct. Respondent states that the joint trial of Petitioner, 2 her sister, and another codefendant, along with separate numberings and various consolidations, 3 appear to have led Respondent to file a dismissal motion with inaccurate information. Good 4 cause appearing therefor, the Court GRANTS Respondent’s motion to withdraw the motion to 5 dismiss. Consequently, the Court will VACATE the Findings and Recommendations and 6 DIRECT Respondent to file a response to the First Amended Petition. 7 ORDER 8 Accordingly, the Court ORDERS: 9 1) Respondent’s request to withdraw his Motion to Dismiss is GRANTED; 10 2) The Findings and Recommendation issued September 8, 2017, is VACATED; 11 3) The Motion to Dismiss filed on July 6, 2017, is TERMINATED; 12 4) Respondent is directed to file an Response to the first Amended Petition within 60 13 days of the date of service of this Order in accordance with the Court’s Order Setting 14 Briefing Schedule of May 9, 2017 (Doc. 11.); and 15 5) The parties are directed to the Order of May 9, 2017, for the briefing schedule. 16 17 18 IT IS SO ORDERED. Dated: September 14, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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