Patino v. Palmer et al

Filing 26

ORDER. IT IS ORDERED that petitioner's 25 motion is GRANTED. Ground Two of the petition is dismissed without prejudice. FURTHER ORDERED that respondents shall have thirty (30) days to file their answer to the remaining grounds for relief. Petitioner shall have thirty (30) days to reply. Signed by Judge Robert C. Jones on 10/26/2010. (Copies have been distributed pursuant to the NEF - MLC)

Patino v. Palmer et al

Doc. 26

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 TULIO F. PATINO, 9 Petitioner, 10 vs. 11 JACK PALMER, et al., 12 Respondents. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ________________________________ UNITED STATES DISTRICT JUDGE ) ) ) ) ) ) ) ) ) ) Tulio Patino, a Nevada prisoner represented by counsel, has filed a Motion for Partial Dismissal (docket #25) seeking dismissal without prejudice of his unexhausted second ground for relief. Respondents have not opposed this motion. Good cause appear, IT IS THEREFORE ORDERED that petitioner's motion (docket #25) is granted. Ground two of the petition is dismissed without prejudice. IT IS FURTHER ORDERED that respondents shall have thirty (30) days to file their answer to the remaining grounds for relief. Thereafter, petitioner shall have thirty (30) days to reply. DATED: This 26th day of October, 2010. 3:09-cv-0336-RCJ-RAM ORDER

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