Joshlin v. Neven et al

Filing 42

ORDER Denying Respondents' 31 Motion to Dismiss. Respondents have until 8/21/2015 to file an answer to Petitioner's 41 Second Amended Petition. Petitioner will have 45 days from the date on which the answer is served to file a reply. Signed by Judge Jennifer A. Dorsey on 7/7/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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PIERRE DONTE JOSHLIN,

Case No. 2:13-cv-01014-JAD-NJK

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Petitioner,
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vs.
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ORDER DENYING MOTION TO DISMISS
AND DIRECTING RESPONSE TO SECOND
AMENDED PETITION

DWIGHT NEVEN, et al.,
Respondents.
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This is a habeas corpus proceeding under 28 U.S.C. § 2254. On June 26, 2015, this court

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entered an order granting petitioner’s unopposed motion to file a second amended petition for writ of

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habeas corpus. Doc. 39. In response to that order, petitioner filed a second amended petition that

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omits Ground 3(c) but otherwise contains the same claims and allegations as his first amended

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petition. Doc. 41.

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Because respondents’ motion to dismiss (Doc. 31) is premised entirely on the procedural

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viability of Ground 3(c), the omission of this claim renders the motion moot. Thus, the court denies

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the motion to dismiss and takes this opportunity to schedule further proceedings in this case.

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IT IS THEREFORE ORDERED that respondents’ motion to dismiss (Doc. 31) is DENIED
as moot.
IT IS FURTHER ORDERED that respondents have until August 21, 2015, to file an

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answer to petitioner’s second amended petition (Doc. 41). With their answer, respondents must

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file any portion of the relevant state court record that has yet to be filed herein. Petitioner will have

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45 days from the date on which the answer is served to file a reply.

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Dated this 7th day of July, 2015.

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Jennifer Dorsey
nnifer Dorsey
ife Do
United States District Judge
nited
ct Judge
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