Cardenas-Ornelas v. Baker et al

Filing 56

ORDER - The Motion to Dismiss (ECF No. 55 ) is granted. Ground 2 is dismissed without prejudice as unexhausted and by Cardena-Ornelas's request. Respondents will have 60 days to answer the remaining claims of the Petition ( ECF No. 22 ) in this case. Petitioner will have 30 days following service of the answer to file and serve a reply brief. All other instructions set forth in the Court's December 2017 Order (ECF No. 10 ) remain in effect. Signed by Chief Judge Miranda M. Du on 5/19/2020. (Copies have been distributed pursuant to the NEF - AB)

Case 3:17-cv-00461-MMD-CLB Document 56 Filed 05/19/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LUIS CARDENAS-ORNELAS,

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Case No. 3:17-cv-00461-MMD-CLB
Petitioner,

ORDER

v.
RENEE BAKER, et al.,
Respondents.

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This counseled habeas matter is before the Court on Petitioner Luis Cardenas-

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Ornelas’ Notice of Abandonment of Ground 2 (ECF No. 54) and Motion to Dismiss

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Ground 2 (ECF No. 55).

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On January 31, 2020, the Court found the petition in this action to be mixed,

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containing both exhausted and unexhausted claims. (ECF No. 53.) The Court informed

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Cardenas-Ornelas of his three options: (1) file a motion to dismiss seeking partial dismissal

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of only the unexhausted claims; (2) file a motion to dismiss the entire petition without

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prejudice in order to return to state court to exhaust the unexhausted claims; and/or (3)

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file a motion for other appropriate relief, such as a motion for a stay and abeyance asking

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this Court to hold his exhausted claims in abeyance while he returns to state court to

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exhaust the unexhausted claims. (Id.)

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Cardenas-Ornelas filed the notice and motion informing the Court of his intent to

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dismiss his unexhausted Ground 2 and pursue his remaining claims. No opposition having

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been filed by Respondents and the time for doing so having expired, Cardenas-Ornelas’s

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55) is granted.
Motion to dismiss (ECF No. ) is granted.

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It is therefore ordered that Ground 2 is dismissed without prejudice as unexhausted
and by Cardenas-Ornelas’s request.
It is further ordered that Respondents will have 60 days to answer the remaining
claims of the petition in this case.

Case 3:17-cv-00461-MMD-CLB Document 56 Filed 05/19/20 Page 2 of 2

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It is further ordered that Cardenas-Ornelas will have 30 days following service of
the answer to file and serve a reply brief.
All other instructions set forth in the Court’s December 2017 Order (ECF No. 10)
remain in effect.
DATED THIS 19th day of May 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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