Rowell v. Palmer et al

Filing 43

ORDERED that Rs' # 36 Motion to dismiss and P's # 42 Motion for dismissal of grounds two(B), two(C), and two(D) are GRANTED. Grounds two(B), two(C), and two(D) are DISMISSED for failure to exhaust available state-court remedies. FURTHER ORD Rs' answer due by 11/20/2011; P's reply due 45 from the date on which the answer is served. Signed by Judge Larry R. Hicks on 10/5/2011. (Copies have been distributed pursuant to the NEF - DRM)

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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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Before the court are the amended petition for writ of habeas corpus (#31), respondents’

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motion to dismiss (#36), petitioner’s response to motion to dismiss (#41), and petitioner’s motion

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for dismissal of grounds two(B), two(C), and two(D) (#42).

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The amended petition originally contained five numbered grounds. The court dismissed

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grounds 1, 3, 4, and 5, and the court directed respondents to respond to the remaining ground 2,

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which itself has four parts. Order (#35).

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The parties agree that petitioner has not exhausted his available remedies in state court for

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grounds two(B), two(C), and two(D) of the amended petition (#31). Petitioner asks the court to

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dismiss those grounds. Even though the briefing schedules for the motions have not expired, further

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briefing is not necessary under these circumstances.

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IT IS THEREFORE ORDERED that respondents’ motion to dismiss (#36) and petitioner’s

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motion for dismissal of grounds two(B), two(C), and two(D) (#42) are GRANTED. Grounds

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two(B), two(C), and two(D) are DISMISSED for failure to exhaust available state-court remedies.

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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 file and serve an answer, which shall comply with Rule 5 of the Rules

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Governing Section 2254 Cases in the United States District Courts. 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 5th day of October, 2011.

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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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