Nasby v. McDaniel et al

Filing 62

ORDER GRANTING 61 Motion to Reopen Case. FURTHER ORD Clerk shall REOPEN THIS FILE. FURTHER ORD Rs' answer/response to surviving grounds due by 6/4/2012. Signed by Judge Edward C. Reed, Jr on 4/19/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BRENDAN NASBY,

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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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____________________________________)

3:07-cv-0304-ECR-RAM
ORDER

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Petitioner has filed a motion seeking to reopen this habeas corpus case (ECF No. 61).
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This action was dismissed without prejudice, and the case closed administratively,
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pursuant to an Order entered May 13, 2011 (ECF No. 55). In the Order dismissing the case, the
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Court indicated that this case is subject to being reopened upon a motion by petitioner. See id.
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Petitioner’s further state-court proceedings have apparently concluded, and petitioner
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has now returned to this Court seeking to reopen this case. Respondents do not object to the case
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being reopened. The Court will therefore grant petitioner’s motion to reopen this case.
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IT IS THEREFORE ORDERED that petitioner’s Motion to Reopen Case
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(ECF No. 61) is GRANTED.
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IT IS FURTHER ORDERED that the Clerk shall REOPEN THIS FILE.
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IT IS FURTHER ORDERED that Respondents shall have forty-five (45) days

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from entry of this order to answer or otherwise respond to the surviving grounds of the petition

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found in the court record at ECF No. 10.

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Dated this 19th day of April, 2012.

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UNITED STATES DISTRICT JUDGE
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