Keck v. State of Nevada

Filing 25

ORDER Re: 9 Second Amended Petition for Writ of Habeas Corpus. Ground 4 of the petition is hereby DISMISSED WITHOUT PREJUDICE. Respondents must file an answer to the remaining claims of the petition by 8/2/2019. Petitioner will have 30 days after that to file a reply. Signed by Judge Jennifer A. Dorsey on 6/4/2019. (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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James William Keck,

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Case No.: 2:16-cv-02984-JAD-BNW

Petitioner

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Order Dismissing Ground 4
of the Petition; Directing
Respondents to File an Answer

v.

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Brian Williams, et al.,

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Respondents

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Petitioner James William Keck challenges his 2012 state court conviction after a guilty

13 plea to attempt murder with use of a deadly weapon, battery with use of a deadly weapon
14 resulting in substantial bodily harm, assault with a deadly weapon, and burglary while in
15 possession of a firearm. I have found Ground 4 of the petition unexhausted and the petition
16 therefore mixed, containing both unexhausted and exhausted claims. Petitioner advises, through
17 counsel, that he wishes to abandon Ground 4 and proceed on his exhausted claims. 1
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IT IS THEREFORE ORDERED that Ground 4 of the petition is hereby DISMISSED

19 WITHOUT PREJUDICE.
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IT IS FURTHER ORDERED that respondents must file an answer to the remaining

21 claims of the petition by August 2, 2019. Petitioner will have thirty days after that to file a reply.
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Dated: June 4, 2019

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_______________________________
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U.S. District Judge Jennifer A. Dorsey
rict Judge Jennifer
t J ud
enni

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ECF No. 24.
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