Harsh v. Gentry et al

Filing 47

ORDER granting ECF No. 46 Motion for partial dismissal of only Ground 2; Ground 2 is hereby dismissed; Respondents to file an answer to surviving claims of petition by 6/3/2019; Petitioner will have 30 days from service of the answer to file a reply. Signed by Judge Miranda M. Du on 4/4/2019. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS HARSH,

Case No. 2:17-cv-02069-MMD-NJK
Petitioner,

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ORDER

v.
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JO GENTRY, et al.,
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Respondents.
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On February 26, 2019, the Court found the petition in this action contains one

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unexhausted claim—Ground 2—alongside several exhausted claims. (ECF No. 44.) The

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Court directed Petitioner to either (1) file a motion to dismiss the unexhausted claim; (2)

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file a motion to dismiss the entire mixed petition without prejudice; or (3) file a motion for

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other appropriate relief, including a motion to stay and abey. Petitioner has responded by

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moving to dismiss only Ground 2, his unexhausted claim.

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It is therefore ordered that Petitioner’s motion for partial dismissal of only Ground
2 (ECF No. 46) is granted, and Ground 2 is hereby dismissed.
It is further ordered that Respondents file an answer to the surviving claims of the
petition within 60 days of the date of entry of this order.
It is further ordered that Petitioner will have 30 days from service of the answer to
file a reply.
DATED THIS 4th day of April 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE