Benjamin v. State of Nevada

Filing 24

ORDER re ECF No. 23 Notice, dismissing Grounds 1 and 3-14 of ECF No. 17 Petition; dismissing State of Nevada as a Respondent; giving Respondents 90 days to file an answer. Petitioner to reply within 60 days thereafter. Signed by Judge Miranda M. Du on 12/21/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROBIN LEE BENJAMIN,

Case No. 3:16-cv-00024-MMD-VPC

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Petitioner,

ORDER

v.
ATTORNEY GENERAL, et al.,

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Respondents.

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In this habeas corpus action, brought pro se by Robin Lee Benjamin, the Court

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ruled on the respondents’ motion to dismiss on October 3, 2016. (See Order entered

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October 3, 2016 (ECF No. 21).) In that order, the Court found all but one of Benjamin’s

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claims — Grounds 1 and 3-14 — to be unexhausted in state court. The Court granted

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Benjamin an opportunity to make an election with respect to her unexhausted claims;

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Benjamin was directed to either file a notice stating that she wishes to abandon her

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unexhausted claims, and proceed in this action with the litigation of her exhausted claim,

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or file a motion for a stay, under Rhines v. Weber, 544 U.S. 269 (2005), requesting a stay

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of this action while she exhausts her unexhausted claims in state court.

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On December 19, 2016, Benjamin filed a notice (ECF No. 23) stating her election

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to abandon her unexhausted claims and proceed with her exhausted claim. The Court

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will accept Benjamin’s abandonment of her unexhausted claims. Those claims will be

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dismissed.

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Additionally, in the notice Benjamin filed on December 19, 2016, Benjamin states

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that she wishes to dismiss the State of Nevada as a respondent, which is appropriate as

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the State of Nevada is not a proper respondent in this habeas corpus action.

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It is therefore ordered that Grounds 1 and 3-14 of petitioner’s amended petition for
writ of habeas corpus (ECF No. 17) are dismissed.

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It is further ordered that the State of Nevada is dismissed as a respondent.

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It is further ordered that respondents will have ninety (90) days from the date of

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this order to file an answer, responding to the remaining claim (the federal-law claim) in

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Ground 2 of petitioner’s amended petition for writ of habeas corpus (ECF No. 17).

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Thereafter, petitioner will have sixty (60) days to file a reply.

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DATED THIS 21st day of December 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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