Dollar v. Smith et al

Filing 41

ORDER Respondents answer due within 45 days of this order; Petitioner shall file his reply, if any, within 30 days of date that respondents file an answer. Signed by Judge James C. Mahan on 11/28/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CHRISTOPHER ADAM DOLLAR,

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Case No. 2:13-cv-01952-JCM-GWF

Petitioner,

ORDER

v.
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GREGORY SMITH, et al.,
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Respondents.
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On August 26, 2015, this court dismissed without prejudice petitioner Christopher

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Adam Dollar’s counseled petition for writ of habeas corpus pursuant to 28 U.S.C. §

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2254 because it was wholly unexhausted (ECF No. 30). Dollar appealed, and on

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October 10, 2017, the Ninth Circuit Court of Appeals reversed and remanded,

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concluding that this court should have treated the petition as procedurally defaulted and

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should have analyzed whether Dollar could demonstrate cause and prejudice to excuse

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the default (ECF No. 37).

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Accordingly, the court now directs the parties to file an answer to the petition and

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any reply. The parties shall also raise and/or renew any arguments regarding whether,

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in light of Martinez v. Ryan, 566 U.S. 1 (2012), Dollar can demonstrate cause and

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prejudice to excuse the procedural default.
IT IS THEREFORE ORDERED that, within forty-five (45) days of the date of

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this order, respondents shall file an answer to the petition in conformance with this

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order.

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IT IS FURTHER ORDERED that petitioner shall file his reply, if any, within thirty
(30) days of the date that respondents file an answer.

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November 28, 2017.
DATED: 20 November 2017.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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