Mendoza v. LeGrand et al

Filing 49

ORDER that Petitioner's motion for partial dismissal of ground 3 (ECF No. 47 ) is granted; Ground 3 is dismissed; Respondents will have until 1/24/2019 to file and serve an answer; 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 12/10/2018. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 ARMANDO C. MENDOZA, Case No. 3:15-cv-00507-MMD-CBC Petitioner, 10 ORDER v. 11 ROBERT LEGRAND, et al., 12 Respondents. 13 14 15 16 17 Petitioner has filed a motion for partial dismissal of ground 3 (ECF No. 47). Respondents do not oppose the motion (ECF No. 48). It is therefore ordered that Petitioner’s motion for partial dismissal of ground 3 (ECF No. 47) is granted. Ground 3 is dismissed. 18 It is further ordered that Respondents will have 45 days from the date of entry of 19 this order to file and serve an answer. The answer must comply with Rule 5 of the Rules 20 Governing Section 2254 Cases in the United States District Courts. Petitioner will have 45 21 days from the date on which the answer is served to file a reply. 22 DATED THIS 10th day of December 2018. 23 24 25 26 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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