Green v. LeGrand et al

Filing 65

ORDER. IT IS THEREFORE ORDERED that 64 petitioner's motion for a 30-day extension of time in which to file a state post-conviction petition is GRANTED. IT IS FURTHER ORDERED that 63 because this Court has already granted petitioner a st ay and abeyance, his motion seeking additional time to file a reply to respondents' opposition to the motion for stay is DENIED AS MOOT. Signed by Judge Andrew P. Gordon on 6/27/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DUSHON N. GREEN,

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Petitioner,

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vs.

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ROBERT LeGRAND, et al.,

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Case No. 2:14-cv-01388-APG-NJK

Respondents.

ORDER

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254
by a Nevada state prisoner. On February 13, 2017, the Court entered an order finding that some
grounds of the petition were unexhausted. (ECF No. 56). Petitioner filed a motion for a stay and
abeyance in order to exhaust his claims in state court. (ECF No. 57). By order filed May 15, 2017,
this Court granted petitioner’s motion for a stay and abeyance. (ECF No. 62). The Court directed
petitioner to file a state post-conviction petition or other appropriate proceeding in state court within
45 days of the date of entry of the order. (Id.). Petitioner has filed a motion for a 30-day extension
of time in which to file his post-conviction petition in state court. (ECF No. 64). Good cause
appearing, petitioner’s motion for an extension is granted.
IT IS THEREFORE ORDERED that petitioner’s motion (ECF No. 64) for a 30-day
extension of time in which to file a state post-conviction petition is GRANTED.

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IT IS FURTHER ORDERED that because this Court has already granted petitioner a stay

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and abeyance, his motion seeking additional time to file a reply to respondents’ opposition to the

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motion for stay (ECF No. 63) is DENIED AS MOOT.

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Dated: June 27, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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