Kenner v. Benedetti et al

Filing 33

ORDER. IT IS HEREBY ORDERED that petitioner's 31 motion to dismiss his unexhausted claims is GRANTED. This case shall proceed on part one of ground one only, the claim that trial counsel failed, without petitioner's consent, to f ile a notice of appeal after his sentencing. All other claims are dismissed as abandoned. FURTHER ORDERED, respondents shall file an answer to the remaining claim in this action within twenty-eight (28) days of the date of entry of this order. Petitioner is granted fourteen (14) days thereafter to file a reply. Signed by Judge Edward C. Reed, Jr on 12/06/2010. (Copies have been distributed pursuant to the NEF - KO)

Kenner v. Smith et al

Doc. 33

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Petitioner, a state prisoner, is proceeding pro se in this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On November 8, 2010, the court entered an order, granting in part and denying in part respondents' motion to dismiss. (Docket #30.) In the order, the court gave petitioner options as to how he could proceed. (Id.) On November 18, 2010, petitioner filed a motion to dismiss his unexhausted claims, stating that he wanted to abandon his unexhausted claims and proceed on part one of ground one only. (Docket #31.) On December 3, 2010, petitioner filed a notice of abandonment of his unexhausted claims. (Docket #32.) IT IS THEREFORE ORDERED that petitioner's motion to dismiss his unexhausted claims is GRANTED. (Docket #31.) This case shall proceed on part one of ground one only, the vs. JAMES BENEDETTI, et al., Respondents. JAMES JEFFERSON KENNER, Petitioner, ) ) ) ) ) ) ) ) ) /

3: 08-cv-00489-ECR-RAM ORDER

Dockets.Justia.com

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claim that trial counsel failed, without petitioner's consent, to file a notice of appeal after his sentencing. All other claims are dismissed as abandoned. IT IS FURTHER ORDERED that respondents shall file an answer to the remaining claim in this action within twenty-eight (28) days of the date of entry of this order. Petitioner is granted fourteen (14) days thereafter to file a reply.

DATED this 6th day of December, 2010.

UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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