Cumplido v. Crawford et al

Filing 36

ORDER Setting Answer Deadline. Respondents answer due 10/22/2010. Signed by Judge Philip M. Pro on 9/22/10. (Copies have been distributed pursuant to the NEF - ASB)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 GUSTAVO AROAMDA CUMPLIDO, ) ) Petitioner, ) ) vs. ) ) JACKIE CRAWFORD, et al., ) ) Respondents. ) ____________________________________/ UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2:07-cv-0580-PMP-PAL ORDER This action is a pro se petition for writ of habeas corpus, pursuant to 28 U.S.C. 2254, by a Nevada state prisoner. By order filed August 31, 2010, the Court determined that Grounds 1 and 13(b) of the petition are exhausted, and that all other claims in the federal petition were not exhausted in state court. (Docket #34). Petitioner has filed a notice of abandonment of the unexhausted claims and notice to proceed with the two exhausted claims, Grounds 1 and 13(b) of the petition. (Docket #35). IT IS THEREFORE ORDERED that, within thirty (30) days from the date of this order, respondents SHALL FILE an answer to petitioner's remaining grounds for relief. The answer shall address the substantive merits of the two remaining grounds for relief. In filing an answer, respondents shall comply with Rule 5 of the Rules Governing Proceedings in the United States District Courts under 28 U.S.C. 2254. /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IT IS FURTHER ORDERED that petitioner shall have thirty (30) days following service of respondents' answer in which to file a reply. DATED: September 22, 2010. PHILIP M. PRO United States District Judge 2

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