Jamaar Jerome Williams v. Jackie Crawford, et al

Filing 90

ORDER Denying 89 Motion to Dismiss. The court construes the motion to dismiss as respondents answer, and petitioner shall have 45 days from the date of entry of this order to file and serve a reply. Signed by Judge Philip M. Pro on 10/10/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JAMAAR JEROME WILLIAMS,

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Petitioner,

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vs.

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Case No. 2:05-CV-00879-PMP-(CWH)

JACKIE CRAWFORD, et al.,

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ORDER

Respondents.

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The court granted respondents’ motion to dismiss (#72) in part, and the court directed

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respondents to file an answer. Order (#88). Respondents have filed a document titled “Motion to

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Dismiss Amended Petition” (#89). Respondents argue that the remaining grounds in the second

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amended petition (#36) are without merit. Respondents should have titled this document as an

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answer. To the extent that the document actually is a motion to dismiss, the court denies it. The

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court will construe the document as the answer and give petitioner the opportunity to file a reply.

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IT IS THEREFORE ORDERED that the motion to dismiss (#89), to the extent that it is a

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motion, is DENIED. The court construes the motion to dismiss as respondents answer, and

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petitioner shall have forty-five (45) days from the date of entry of this order to file and serve a

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reply.

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DATED: October 10, 2012

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_________________________________
PHILIP M. PRO
United States District Judge