Romano v. Legrande et al
Filing
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ORDER - Claims specified herein are dismissed without prejudice for lack of exhaustion. Answer to remaining claims due by 12/30/2016. Reply due 45 days after service of answer. Signed by Judge Miranda M. Du on 11/14/2016. (Copies have been distributed pursuant to the NEF - DRM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ROBERT ROMANO,
Case No. 3:14-cv-00187-MMD-WGC
Petitioner,
ORDER
v.
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LeGRANDE, et al.,
Respondents.
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Following upon petitioner’s declaration (ECF No. 33) of election to abandon claims
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in this habeas matter, it is ordered that the following claims are dismissed without
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prejudice for lack of exhaustion:
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(a)
the claims in Ground 1 based upon the Confrontation Clause and the
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Equal Protection Clause and all claims in Ground 1 based on a denial
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of notice of expert witness with regard to Officer Norris’ testimony;
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(b)
all claims in Ground 2 based upon the Equal Protection Clause;
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(c)
all remaining claims in Ground 6 over and above the claim dismissed
as redundant;
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(d)
all claims in Ground 7 except for the claim that petitioner was denied
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a right to due process when Inspector Sheldon allegedly testified as
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an expert on the temperature of bodily fluids without prior notice;
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(e)
all remaining claims in Ground 8 over and above the claim dismissed
as redundant;
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(f)
all claims in Ground 11 based upon the Equal Protection Clause; and
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(g)
Grounds 12, 13 and 15 in their entirety.
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It further is ordered that respondents must file an answer to the remaining claims
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in the petition, as amended, within forty-five (45) days of entry of this order. Petitioner
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may file a reply within forty-five (45) days of service of the answer.
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It further is ordered that, given the age of the case, any extensions of time sought
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based on scheduling conflicts between this case and other cases in this Court should be
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sought in the earlier-filed case, absent extraordinary circumstances. The Court will be
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endeavoring to resolve this case, if possible, prior to September 30, 2017.
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DATED THIS 14th day of November 2016.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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