Orth v. Warden, HDSP et al

Filing 36

ORDER - Petitioner's motion to dismiss Ground 11 (ECF No. 35 ) is granted. Ground 11 of the petition in this action is dismissed without prejudice. Answer to all remaining claims due by 3/10/2018. Signed by Judge Miranda M. Du on 1/24/2018. (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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***

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SEAN RODNEY ORTH,

Case No. 3:15-cv-00131-MMD-VPC
Petitioner,

v.

ORDER

WARDEN HDSP, et al.,

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Respondents.

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On December 12, 2017, the Court concluded that Ground 11 of the habeas petition

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in this case was unexhausted and directed petitioner to select one of three options with

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respect to the unexhausted claim. (ECF No. 34.) On January 8, 2018, petitioner moved

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to dismiss Ground 11 and proceed on his exhausted claims. (ECF No. 35.) No opposition

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to the motion has been filed, and the time for doing so has expired.

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Accordingly, it is therefore ordered that Ground 11 of the petition in this action is
dismissed without prejudice.

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It is further ordered that respondents shall file an answer to all remaining claims in

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the amended petition (ECF No. 15) within forty-five (45) days of the date of this order.

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The answer must include substantive arguments on the merits as to each remaining

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ground in the petition, as well as any procedural defenses which may be applicable. In

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filing the amended answer, respondents must comply with the requirements of Rule 5 of

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the Rules Governing Section 2254 Cases in the United States District Courts.

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DATED THIS 24th day of January 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE