Williams v. Baker et al

Filing 34

ORDER granting 31 motion to proceed on exhausted claims. Answer to remaining grounds due within 30 days. Reply due within 30 days of answer. Hard copy of any additional exhibits shall be forwarded to staff attorneys in Reno, NV. Signed by Judge Robert C. Jones on 9/16/14. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8
9
10
11
12

MICHAEL LEON WILLIAMS,

)
)
Petitioner,
)
)
v.
)
)
RENEE BAKER et al.,
)
)
Respondents.
)
)
___________________________________ )

3:13-cv-334-RCJ-WGC
ORDER

13

This is a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, by

14

a Nevada state prisoner. The matter is before the Court on Petitioner’s motion to proceed on

15

the exhausted claims. (ECF No. 31).

16

The matter previously came before the Court on a motion to dismiss the habeas corpus

17

petition because it contained unexhausted claims. By order filed August 25, 2014, the Court

18

found that (a) Ground 1 was dismissed based on Petitioner’s voluntary waiver of the claim; (b)

19

Grounds 2 through 17 were exhausted with respect to the ineffective assistance of appellate

20

counsel claims but were unexhausted with respect to the due process claims; (c) Grounds 18

21

through 21 were exhausted with respect to the due process claims but were unexhausted with

22

respect to the ineffective assistance of appellate counsel claims; (d) Ground 22 was fully

23

unexhausted as to both the due process claim and ineffective assistance of appellate counsel

24

claim; (e) Ground 23 was exhausted with respect to the due process claim but unexhausted

25

with respect to the ineffective assistance of appellate counsel claim; and (f) Ground 24 was

26

fully exhausted as a due process claim. (ECF No. 29 at 14).

27

Petitioner has now filed his notice of abandonment, indicating that he “unequivocally

28

understands” that he is “forever abandoning the unexhausted grounds for relief in his federal
habeas petition” in accordance to this Court’s order in docket entry #29. (ECF No. 31 at 2).

1
2
3

Respondents shall now file their answer to the remaining grounds for relief.
IT IS FURTHER ORDERED that the motion to proceed on exhausted claims (ECF No.
31) is granted.

4

IT IS FURTHER ORDERED that Respondents SHALL FILE AND SERVE AN ANSWER

5

to all remaining grounds of the petition within thirty (30) days from the entry of this order. The

6

answer shall include substantive arguments on the merits as to each ground of the petition.

7

No further motions to dismiss will be entertained.

8
9

IT IS FURTHER ORDERED that Petitioner SHALL FILE AND SERVE A REPLY to the
answer, within thirty (30) days after being served with the answer.

10

IT IS FURTHER ORDERED that any further exhibits filed by the parties shall be filed

11

with a separate index of exhibits identifying the exhibits by number or letter. The CM/ECF

12

attachments that are filed further shall be identified by the number or numbers (or letter or

13

letters) of the exhibits in the attachment. The hard copy of any additional exhibits shall be

14

forwarded – for this case – to the staff attorneys in Reno, Nevada.

15
16

Dated: This 16th day of September, 2014.
DATED: This _____ day of September, 2014.

17
18

_________________________________
United States District Judge

19
20
21
22
23
24
25
26
27
28
2