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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANGELIQUE NASH,

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Petitioner,

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v.

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D. G. ADAMS,

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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

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[SIXTY DAY DEADLINE]

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Petitioner filed a habeas petition on February 17, 2017, challenging her 2013 conviction in

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Kern County Superior Court of first degree murder with special circumstances. On May 5, 2017,

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she filed a First Amended Petition. (Doc. 10.) On July 6, 2017, Respondent filed a motion to

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dismiss the petition as premature. (Doc. 16.) Petitioner did not file an opposition. On September

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8, 2017, the Court issued Findings and Recommendation to grant Respondent’s motion to dismiss

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and to dismiss the petition as premature.

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On September 13, 2017, Respondent filed a request to withdraw the motion to dismiss.

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Respondent states that the information presented was incorrect. Petitioner notified Respondent

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that state review was pending in her sister’s case (Katila Jean Nash), rather than Petitioner’s.
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Respondent submits that Petitioner is correct. Respondent states that the joint trial of Petitioner,

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her sister, and another codefendant, along with separate numberings and various consolidations,

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appear to have led Respondent to file a dismissal motion with inaccurate information. Good

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cause appearing therefor, the Court GRANTS Respondent’s motion to withdraw the motion to

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dismiss. Consequently, the Court will VACATE the Findings and Recommendations and

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DIRECT Respondent to file a response to the First Amended Petition.

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ORDER

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Accordingly, the Court ORDERS:

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1) Respondent’s request to withdraw his Motion to Dismiss is GRANTED;

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2) The Findings and Recommendation issued September 8, 2017, is VACATED;

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3) The Motion to Dismiss filed on July 6, 2017, is TERMINATED;

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4) Respondent is directed to file an Response to the first Amended Petition within 60

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days of the date of service of this Order in accordance with the Court’s Order Setting

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Briefing Schedule of May 9, 2017 (Doc. 11.); and

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5) The parties are directed to the Order of May 9, 2017, for the briefing schedule.

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IT IS SO ORDERED.
Dated:

September 14, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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