Guerrero v. Williams et al

Filing 105

ORDER. IT IS ORDERED that 101 respondents' motion to strike is GRANTED; the Clerk of Court is directed to STRIKE the pro se filings at ECF Nos. 99 and 100 .IT IS FURTHER ORDERED that 102 petitioner's motion for extension of time t o file his declaration of abandonment is GRANTED nunc pro tunc. IT IS FURTHER ORDERED that 104 respondents' motion for extension of time to file their answer to the remaining claims is GRANTED. Respondents have until 1/22/19, to file their answer. Signed by Judge Jennifer A. Dorsey on 12/21/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 PABLO RAMON GUERRERO,
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Case No.: 2:13-cv-00328-JAD-CWH

Petitioner
Order

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[ECF Nos. 101, 102 & 104]
6 BRIAN E. WILLIAMS, et al.,
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Respondents

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28 U.S.C. § 2254 habeas petitioner Pablo Ramon Guerrero is represented by CJA

10 counsel. However, Guerrero filed a pro se document that he styled a declaration abandoning
11 ground 4(1) and “objecting” to the dismissal of grounds 12-19 (docketed as two documents at
12 ECF Nos. 99, 100). As Guerrero has counsel, the court grants respondents’ motion to strike
13 these filings as fugitive documents. About 30 days after Guerrero filed the fugitive documents,
14 his counsel filed a notice of voluntary abandonment of ground 4(1) (ECF No. 103). Respondents
15 now seek an extension of time to file their answer to the remaining claims, which the court
16 grants. Good cause appearing,
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IT IS THEREFORE ORDERED that respondents’ motion to strike (ECF No. 101) is

18 GRANTED; the Clerk of Court is directed to STRIKE the pro se filings at ECF Nos. 99 and
19 100.
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IT IS FURTHER ORDERED that petitioner’s motion for extension of time to file his

21 declaration of abandonment (ECF No. 102) is GRANTED nunc pro tunc.
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IT IS FURTHER ORDERED that respondents’ motion for extension of time to file

2 their answer to the remaining claims (ECF No. 104) is GRANTED. Respondents have until
3 January 22, 2019, to file their answer.
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Dated: December 21, 2018

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_________________________________
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U.S. District Judge Jennifer A. Dorsey
strict Judge Jennifer A
c ud
n er
r

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