Slayden v. MCDANIEL et al

Filing 24

ORDER Denying 23 Motion to Withdraw Exhibits. Signed by Judge Philip M. Pro on 8/31/11. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 EMERY SLAYDEN, 7 Petitioner, 8 vs. 9 E.K. MCDANIEL, et al., 10 Respondents. ) ) ) ) ) ) ) ) ) / 2:06-cv-0664-PMP-RJJ ORDER 11 12 Before the Court is Petitioner’s Motion to Withdraw Exhibits Pursuant to Local Rule 13 79-1 (Doc. #23). Petitioner seeks to withdraw all exhibits filed in this action on a petition for writ of 14 habeas corpus pursuant to 28 U.S.C. § 2254. Local Rule 79-1 provides that exhibits may be 15 withdrawn by the party which submitted them once the time for appeal or motion for a new trial has 16 expired. LR 79-1 (c) and (d). 17 A review of the docket in this matter does not reveal any exhibits which were 18 submitted by Petitioner. All exhibits on file in the matter were submitted by respondents in support 19 of their motion to dismiss. See (Doc.’s #16-20). 20 IT IS THEREFORE ORDERED that Petitioner’s Motion (Doc. #23) is DENIED. 21 22 DATED: August 31, 2011. 23 24 25 26 27 28 PHILIP M. PRO United States District Judge

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