Moxley v. Neven et al

Filing 64

ORDER that petitioner's motion 62 is GRANTED such that Ground 2 is DISMISSED without prejudice. Signed by Judge Roger L. Hunt on 9/12/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOHN TOLE MOXLEY,

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Petitioner,

2:07-cv-01123-RLH-GWF

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vs.

ORDER

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DWIGHT NEVEN, et al.,
Respondents.

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Following upon petitioner's motion (#62) for partial dismissal in this represented habeas
matter under 28 U.S.C. § 2254, which motion has not been opposed,

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IT IS ORDERED that petitioner's motion (#62) is GRANTED such that Ground 2 is

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DISMISSED without prejudice, to the extent that and only to the extent that: (a) petitioner

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claims that he detrimentally relied upon a promise by the State that he could plead guilty in

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the stolen vehicle case, (b) petitioner claims that he had a deal that precluded habitual

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criminal enhancement in the stolen vehicle case; and (c) petitioner seeks specific

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performance of an alleged promise or plea deal in the stolen vehicle case.

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The Court will issue a final order on the remaining claims shortly.
DATED: September 12, 2011.

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_________________________________
ROGER L. HUNT
United States District Judge