Rowell v. Palmer et al

Filing 35

ORDER. IT IS HEREBY ORDERED that grounds 1, 3, 4, and 5 of the 31 amended petition are DISMISSED. FURTHER ORDERED, respondents shall have forty-five (45) days from the date of entry of this order to answer or otherwise respond to the said amended petition. If respondents file and serve an answer, then petitioner shall have forty-five (45) days from the date on which the answer is served to file a reply. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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LAMARR ROWELL,

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Petitioner,

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vs.

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Case No. 3:10-CV-00135-LRH-(VPC)

JACK PALMER, et al.,

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ORDER

Respondents.

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Petitioner has submitted an amended petition (#31). The court has reviewed it pursuant to

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Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. The court

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will dismiss four grounds and direct respondents to respond to the remaining ground.

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The court dismissed petitioner’s pro se grounds 1, 3, 4, and 5 because they lacked merit.

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Orders (#4, #27). Petitioner, now represented by counsel, re-alleges grounds 1, 3, 4, and 5 to

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preserve them for possible appellate review. The court dismisses them for the reasons given in its

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earlier orders (#4, #27).

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Ground 2 remains. Petitioner has divided it into four parts. Respondents need to respond to
all four parts.

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IT IS THEREFORE ORDERED that grounds 1, 3, 4, and 5 of the amended petition (#31)

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are DISMISSED.

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///

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///

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///

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date

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of entry of this order to answer or otherwise respond to the first amended petition (#31). If

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respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing

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Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five

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(45) days from the date on which the answer is served to file a reply.

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DATED this 20th day of June, 2011.

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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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