Davidson v. Neven et al
Filing
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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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