West v. Foster et al

Filing 46

ORDER Granting 43 Motion to Reopen Case. Respondents shall have 30 days to file answer. Petitioner shall have 30 days to respond. Respondents shall have 15 days to reply. Signed by Judge James C. Mahan on 5/15/13. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MERRY WEST,

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Petitioner,

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vs.

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SHERYL FOSTER, et al.

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Respondents.

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2:10-CV-02086-JCM-RJJ
ORDER

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This is an action on a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 brought

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by petitioner Merry West, appearing in pro se. The respondents’ motion to dismiss was decided and

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petitioner was given an opportunity to return to state court to exhaust a single ground for relief. The

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matter was stayed for that purpose. Now, before the court is petitioner’s motion to reopen the case (ECF

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No. 43). Respondents opposed the motion because the appeal of the denial of relief had not been

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decided. ECF No. 44. Petitioner’s reply demonstrates that the appeal has been rejected by the Nevada

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Supreme Court. ECF No. 45. Thus, it appears that the state court proceedings have been completed.

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The motion to reopen shall be granted.

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IT IS THEREFORE ORDERED that the motion to reopen (ECF No. 44) is GRANTED. The
clerk shall reopen the file.

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IT IS FURTHER ORDERED that respondents shall have thirty days to file their answer to the

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petition, which shall include all affirmative and procedural defenses to ground 5(c). The court will not

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entertain procedural defenses to other grounds for relief, pursuant to its Order of January 31, 2011 (ECF

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No. 6). Thereafter, petitioner shall have thirty days to respond. Respondents shall have fifteen days to

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file any reply to procedural arguments raised as to ground 5(c) only. Thereafter, the court will enter its

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decision.

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May 15, 2013.
Dated this _____ day of May, 2013.

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__________________________________
UNITED STATES DISTRICT JUDGE

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