Taylor v. McDaniel et al

Filing 54

ORDER. IT IS HEREBY ORDERED that petitioner's 47 motion for leave to file a supplemental opposition and respondents' 51 motion to file a late response to the motion for leave to file a supplemental opposition both are GRANTED. FURTHE R ORDERED, respondents' 26 motion to dismiss is GRANTED IN PART. The court holds that the following grounds (hereafter, the "unexhausted claims") are not exhausted: (a) the Fifth Amendment claim in Ground 1; (b) Ground 2 in its enti rety; and (c) the Fifth Amendment claims in Ground 3 and all other claims in Ground 3 except for the claim that the plea was not knowing, intelligent and voluntary because of ineffective assistance of counsel because defense counsel should hav e known that petitioner was under the influence of medication. FURTHER ORDERED, petitioner shall have thirty (30) days from entry of this order within which to file a motion for dismissal without prejudice of the entire petition, for partial dismissa l only of the unexhausted claims, and/or for other appropriate relief. The entire petition will be dismissed w/out prejudice for lack of complete exhaustion if a motion and/or the verification is not timely filed. FURTHER ORDERED, respondents may fil e a response to any such motion filed, and petitioner may file a reply, w/in the normal time limits provided for in LR 7-2, but running initially from service of the verification rather than the motion. Signed by Judge Edward C. Reed, Jr on 2/8/2011. (Copies have been distributed pursuant to the NEF - KO)