Davidson v. Neven et al

Filing 37

ORDER that 35 Motion for Partial Dismissal of Ground Six in the Amended Petition is GRANTED. Ground six of the first amended petition (ECF No. 9 ) is DISMISSED from this action. FURTHER ORDERED that respondents shall have forty-five (45) days from the date of entry of this order to file and serve an answer, which shall comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner shall have forty-five (45) days from the date on which the answer is served to file a reply. Signed by Judge Andrew P. Gordon on 10/6/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RODERICK R. DAVIDSON,

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Petitioner,

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vs.

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Case No. 2:14-cv-00551-APG-NJK

DWIGHT NEVEN, et al.,

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ORDER

Respondents.

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The court found that ground six of the first amended petition (ECF No. 9) was not

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exhausted. Order (ECF No. 34). Petitioner has filed a motion for partial dismissal of ground six in

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the amended petition (ECF No. 35). Respondents have not opposed the motion. Good cause

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appearing;

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IT IS THEREFORE ORDERED that petitioner’s motion for partial dismissal of ground six

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in the amended petition (ECF No. 35) is GRANTED. Ground six of the first amended petition

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(ECF No. 9) is DISMISSED from this action.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date

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of entry of this order to file and serve an answer, which shall comply with Rule 5 of the Rules

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Governing Section 2254 Cases in the United States District Courts. Petitioner shall have forty-five

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

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DATED: October 6, 2016.

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_________________________________
ANDREW P. GORDON
United States District Judge

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