Christopher A. Jones VS E.K. McDaniel, et al.,

Filing 37

ORDER. IT IS HEREBY ORDERED that petitioner's 36 motion to reopen this action is GRANTED. FURTHER ORDERED, the Clerk shall REOPEN THE FILE. FURTHER ORDERED, petitioner shall have thirty (30) days from the date of entr y of this order to file and serve a second amended petition. Respondents shall have thirty (30) days following service of the second amended petition to file and serve an answer or other response to the petition. Signed by Judge Larry R. Hicks on 5/16/2011. Signed by Judge Larry R. Hicks on 5/16/2011. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTOPHER A. JONES,

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Petitioner,

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vs.

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E.K McDANIEL, et al.,

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Respondents.

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3:05-cv-00582-LRH-VPC
ORDER

This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a

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Nevada state prisoner represented by counsel. This action was dismissed without prejudice, and the

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case closed administratively. (ECF No. 33). The dismissal resulted from petitioner’s decision to

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return to state court to exhaust his state-court remedies with respect to certain of his grounds for

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relief.

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Petitioner’s further state-court proceedings have apparently concluded, petitioner has now

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returned to this Court seeking to reopen this case. (ECF No. 36). Petitioner advises this Court that

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he is ready to file a second amended petition containing only exhausted claims. The Court will

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therefore grant petitioner’s motion to reopen this case.

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IT IS THEREFORE ORDERED that petitioner’s motion to reopen this action (ECF No.

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36) is GRANTED.

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IT IS FURTHER ORDERED that the Clerk shall REOPEN THE FILE.

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IT IS FURTHER ORDERED that petitioner shall have thirty (30) days from the date of

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entry of this order to file and serve a second amended petition. Respondents shall have thirty (30)

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days following service of the second amended petition to file and serve an answer or other response

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to the petition.

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Dated this 16th day of May, 2011.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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