Smith v. LeGrand et al

Filing 53

ORDER granting ECF No. 51 Petitioner's Motion for Partial Dismissal of Grounds 7, 8 and part of 6(e); Respondents' answer to remaining grounds due 11/18/2017; Petitioner will have 45 days from the date on which the answer is served to file a reply. Signed by Judge Miranda M. Du on 10/04/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 KEITH G. SMITH, 10 11 12 13 Case No. 3:14-cv-00029-MMD-VPC Petitioner, ORDER v. ROBERT LeGRAND, et al., Respondents. 14 The Court found that ground 7, ground 8, and part of ground 6(e) were not 15 exhausted. (ECF No. 50.) Petitioner has filed a motion for partial dismissal of those 16 grounds (ECF No. 51). Good cause appearing, it is therefore ordered that petitioner’s 17 motion for partial dismissal of grounds 7, 8, and part of 6(e) is granted. 18 It is further ordered that respondents will have forty-five (45) days from the date of 19 entry of this order to file and serve an answer to the remaining grounds of the amended 20 petition (ECF No. 15), and the answer must comply with Rule 5 of the Rules Governing 21 Section 2254 Cases in the United States District Courts. Petitioner will have forty-five (45) 22 days from the date on which the answer is served to file a reply. 23 DATED THIS 4th day of October 2017. 24 25 26 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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