Calvin v. McDaniels et al
ORDERED that P's 42 Motion for Appointment of Counsel is DENIED as moot. IT IS FURTHER ORDERED that P's 38 Motion for Stay and Abeyance is DENIED. IT IS FURTHER ORDERED that P's 41 Motion to Answer is GRANTED. This action is DISMISSED without prejudice. Clerk shall enter judgment accordingly. Signed by Judge Larry R. Hicks on 10/6/2009. (Copies have been distributed pursuant to the NEF - DRM)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In response to the Court's Order (#40) directing Petitioner to decide what to do with his unexhausted grounds, Petitioner has filed a Motion to Answer Order (#41), in which he asks to dismiss this action while he returns to state court. The Court grants his request. Petitioner has submitted a Motion for the Appointment of Counsel (#42). This motion is moot because the Court is dismissing the action. In the Court's previous Order (#40), it held that it would deny Petitioner's Motion for Stay and Abeyance (#38), but the Court did not enter an order to that effect. The Court corrects that omission here. IT IS THEREFORE ORDERED that Petitioner's Motion for the Appointment of Counsel (#42) is DENIED as moot. IT IS FURTHER ORDERED that Petitioner's Motion for Stay and Abeyance (#38) is DENIED. /// /// vs. E. K. MCDANIELS, et al., Respondents. RONALD O'NEAL CALVIN, Petitioner, Case No. 3:08-CV-00033-LRH-(RAM) ORDER
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
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IT IS FURTHER ORDERED that Petitioner's Motion to Answer Order (#41) is GRANTED. This action is DISMISSED without prejudice. The Clerk of the Court shall enter judgment accordingly. DATED this 6th day of October, 2009.
_________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE
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