Antoine Williams vs. E.K. McDaniel, et al (DEATH PENALTY)

Filing 121

ORDER Granting Petitioner's 118 Motion to Lift Stay and Dismiss Petition. The stay of this action is lifted and the case is Dismissed. Signed by Judge James C. Mahan on 6/26/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ANTOINE WILLIAMS,

Case No. 2:01-cv-0134-JCM-CWH
Petitioner,

ORDER

v.

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BRIAN E. WILLIAMS, SR., et al.,
Respondents.

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This habeas corpus action, brought pursuant to 28 U.S.C. § 2254, by Nevada

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prisoner Antoine Williams, was stayed on September 23, 2004, pending Williams’

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exhaustion of claims in state court. See Order entered September 23, 2004 (ECF No. 79).

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On May 31, 2018, Williams filed a “Motion to Lift Stay and Dismiss Petition” (ECF

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No. 118). In that motion, Williams states that the state proceedings have been concluded,

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and an amended judgment of conviction was entered in state court on April 28, 2016. See

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Motion to Lift Stay and Dismiss Petition (ECF No. 118), p. 2; Amended Judgment of

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Conviction, Exhibit 2 to Motion to Lift Stay and Dismiss Petition (ECF No. 119-1).

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Accordingly, Williams requests that the Court vacate the stay and dismiss this action. On

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June 19, 2018, respondents filed a notice (ECF No. 120) stating that they do not oppose

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Williams’ motion. Williams did not reply. Therefore, good cause appearing,

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IT IS HEREBY ORDERED that petitioner’s Motion to Lift Stay and Dismiss Petition
(ECF No. 118) is GRANTED.

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IT IS FURTHER ORDERED that the stay of this action is lifted.

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IT IS FURTHER ORDERED that this case is DISMISSED.

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June ___ day of
DATED THIS 26, 2018. ______________________, 2018.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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