Summers v. McDaniels et al

Filing 18

ORDER. IT IS HEREBY ORDERED that Petitioner's 17 Motion to Abandon is GRANTED. Ground two of the 8 amended petition is DISMISSED WITH PREJUDICE. FURTHER ORDERED, Respondents shall file their answer to the remaining grounds for relief in the amended petition within thirty days of entry of this Order. Thereafter, Petitioner shall have thirty days to reply. Signed by Judge Larry R. Hicks on 12/27/2010. (Copies have been distributed pursuant to the NEF - KO)

-RAM Summers v. McDaniels et al

Doc. 18

1 2 3 4 5 6 7 8 9 CHARLES ANTHONY SUMMERS, 10 11 vs ORDER 12 E.K. McDANIELS, et al, 13 14 Respondents. / Petitioner, Case No. 3:09-CV-000674-LRH-RAM UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Before the Court is petitioner's Motion to Abandon (docket #17) made in response to the Court's

15 order deciding the motion to dismiss. Petitioner advises the Court that he is abandoning the claim "under 16 extreme duress" because he does not know what he is doing and because he believes he would get a fair 17 review from the courts. 18 Despite petitioner's qualifications to his abandonment, the Court will grant the motion and the

19 respondents shall be directed to file their answer to the remaining claims. 20 IT IS THEREFORE ORDERED that Petitioner's Motion to Abandon (docket #17) is

21 GRANTED. Ground two of the amended petition is DISMISSED WITH PREJUDICE. 22 IT IS FURTHER ORDERED that respondents shall file their answer to the remaining grounds

23 for relief in the amended petition within thirty days of entry of this Order. There after, petitioner shall 24 have thirty days to reply. 25 26 27 28 ___________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE Dated this 27th day of December, 2010.

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