Wirth v. LeGrand et al

Filing 68

ORDER granting 65 Motion; ORDER granting 67 Motion to Extend Time; Respondents answer due within 45 days of the date of this order. Signed by Judge Richard F. Boulware, II on 6/15/2020. (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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CHARLES WIRTH,

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Petitioner, ORDER

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***
Case No. 2:17-cv-00027-RFB-VCF

v.
ROBERT LEGRAND, et al.,

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Respondents.

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In response to this court’s order, pro se 28 U.S.C. § 2254 habeas corpus petitioner

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Charles Wirth filed what he styled as a motion to waive unexhausted grounds (ECF No.

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65). The court construes this filing as Wirth’s declaration that he wishes to formally and

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forever abandon the unexhausted grounds for relief in his federal habeas petition and

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proceed on the exhausted grounds (see ECF No. 64).

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Respondents have also filed a motion for extension of time to file their answer to
the remaining grounds (ECF No. 67). Good cause appearing,

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IT IS ORDERED that petitioner’s motion to waive unexhausted grounds (ECF No.

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65) is GRANTED as set forth in this order.

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IT IS FURTHER ORDERED that respondents’ motion for extension of time to file

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their answer to the petition’s remaining claims (ECF No. 67) is GRANTED. Respondents

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should file their answer within 45 days of the date of this order.

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DATED: 15 June 2020.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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