Hidalgo v. LeGrand et al

Filing 86

ORDERED Petitioner Luis Hidalgo's motion to continue his remaining grounds and dismiss Ground 16 only (ECF No. 84 ) is granted. Ground 16 of the Third Amended Petition is dismissed from this action. Respondents will have 60 days from the date of entry of this order (3/7/2022) to file and serve an answer. Reply due 30 days thereafter. Signed by Chief Judge Miranda M. Du on 1/5/2022. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:16-cv-00618-MMD-WGC Document 86 Filed 01/05/22 Page 1 of 1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LUIS ALONSO HIDALGO, III,

Case No. 3:16-cv-00618-MMD-WGC

Petitioner,

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ORDER

v.
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ROBERT LEGRAND, et al.,
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Respondents.
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This is a habeas corpus action under 28 U.S.C. § 2254. Previously, the Court

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granted in part Respondents’ motion to dismiss, finding in relevant part that Petitioner

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Luis Hidalgo had not exhausted his state-court remedies for Ground 16 of the Third

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Amended Petition. (ECF No. 83.) Hidalgo has filed a motion to continue his remaining

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grounds and dismiss Ground 16 only. (ECF No. 84.) Respondents have not filed a

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response. The Court finds good cause exists to grant the motion.

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It is therefore ordered that Petitioner Luis Hidalgo's motion to continue his

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remaining grounds and dismiss Ground 16 only (ECF No. 84) is granted. Ground 16 of

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the Third Amended Petition is dismissed from this action.

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It is further is ordered that Respondents will have 60 days from the date of entry of

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this order to file and serve an answer, which must comply with Rule 5 of the Rules

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Governing Section 2254 Cases in the United States District Courts. Hidalgo will have 30

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days from the date on which the answer is served to file a reply.

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DATED THIS 5th Day of January 2022.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE