Romano v. Legrande et al

Filing 34

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)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9
10

ROBERT ROMANO,

Case No. 3:14-cv-00187-MMD-WGC
Petitioner,

ORDER

v.

11
12

LeGRANDE, et al.,
Respondents.

13
14
15

Following upon petitioner’s declaration (ECF No. 33) of election to abandon claims

16

in this habeas matter, it is ordered that the following claims are dismissed without

17

prejudice for lack of exhaustion:

18

(a)

the claims in Ground 1 based upon the Confrontation Clause and the

19

Equal Protection Clause and all claims in Ground 1 based on a denial

20

of notice of expert witness with regard to Officer Norris’ testimony;

21

(b)

all claims in Ground 2 based upon the Equal Protection Clause;

22

(c)

all remaining claims in Ground 6 over and above the claim dismissed
as redundant;

23
24

(d)

all claims in Ground 7 except for the claim that petitioner was denied

25

a right to due process when Inspector Sheldon allegedly testified as

26

an expert on the temperature of bodily fluids without prior notice;

27
28

(e)

all remaining claims in Ground 8 over and above the claim dismissed
as redundant;

1

(f)

all claims in Ground 11 based upon the Equal Protection Clause; and

2

(g)

Grounds 12, 13 and 15 in their entirety.

3

It further is ordered that respondents must file an answer to the remaining claims

4

in the petition, as amended, within forty-five (45) days of entry of this order. Petitioner

5

may file a reply within forty-five (45) days of service of the answer.

6

It further is ordered that, given the age of the case, any extensions of time sought

7

based on scheduling conflicts between this case and other cases in this Court should be

8

sought in the earlier-filed case, absent extraordinary circumstances. The Court will be

9

endeavoring to resolve this case, if possible, prior to September 30, 2017.

10
11

DATED THIS 14th day of November 2016.

12
13
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2