Peter Quinn Elvik VS Don Bunce, et al.

Filing 84

ORDER. IT IS ORDERED that respondents' 75 Motion to Dismiss the second amended petition is GRANTED IN PART AND DENIED IN PART , as follows: Gound 2 is exhausted; Gounds 3 and 4 are unexhausted; the motion to dismiss Ground 4 as proced urally barred in DENIED; and, Gounds 3, 6, and 8 state cognizable federal habeas corpus claims and the motion to dismiss these grounds is DENIED. FURTHER ORDERED that petitioner shall have thirty (30) days to either: (1) inform this Court in a sworn declaration that he wishes to formally and forever abandon the unexhausted grounds for relief in his federal habeas petition and proceed on the exhausted grounds; OR (2) inform the Court in a sworn declaration that he wishes to dismiss this petition without prejudice in order to return to state court; OR (3) file a motion for a stay and abeyance. FURTHER ORDERED that if petitioner elects to abandon his unexhausted grounds, respondents shall have thirty (30) days in which to file an answer to p etitioner's remaining grounds. FURTHER ORDERED that petitioner shall have thirty (30) days from service of answer in which to file a reply. FURTHER ORDERED that if petitioner fails to respond to this order, this case may be dismissed.(Notice of Compliance is due by 2/3/2011) Signed by Judge Gloria M. Navarro on 1/4/2011. (Copies have been distributed pursuant to the NEF - MLC)