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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KEITH G. SMITH,

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Case No. 3:14-cv-00029-MMD-VPC
Petitioner,

ORDER

v.
ROBERT LeGRAND, et al.,
Respondents.

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The Court found that ground 7, ground 8, and part of ground 6(e) were not

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exhausted. (ECF No. 50.) Petitioner has filed a motion for partial dismissal of those

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grounds (ECF No. 51). Good cause appearing, it is therefore ordered that petitioner’s

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motion for partial dismissal of grounds 7, 8, and part of 6(e) is granted.

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It is further ordered that respondents will have forty-five (45) days from the date of

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entry of this order to file and serve an answer to the remaining grounds of the amended

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petition (ECF No. 15), and the answer must comply with Rule 5 of the Rules Governing

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Section 2254 Cases in the United States District Courts. Petitioner will have forty-five (45)

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

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DATED THIS 4th day of October 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE