Opinion
3:07-cv-00449-LRH-RAM
08-09-2011
ROBERT EUGENE ALLEN, Petitioner, v. JAMES BENEDETTI, et at., Respondents.
ORDER
This is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, by a Nevada prisoner represented by counsel. On February 10, 2009, the court stayed and administratively closed this case in accordance with a stipulation signed by the parties. (ECF No. 35.) The court's order specified that, upon exhausting his claims in state court, petitioner may move to reopen the case. (Id.)
Petitioner's further state-court proceedings have apparently concluded, and petitioner has filed a motion to reopen this action. (ECF No. 37.) The motion is unopposed.
IT IS THEREFORE ORDERED that petitioner's motion to reopen this action (ECF No. 37) is GRANTED. This action is REINSTATED.
IT IS FURTHER ORDERED that the clerk shall detach the exhibits from petitioner's motion to reopen case and file them separately as "Supplemental Exhibits to First Amended Petition."
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date of this order to file and serve an Answer. Petitioner shall have forty-five (45) days following service of the Answer to file and serve a Reply.
IT IS FURTHER ORDERED that petitioner's motion to grant his request to reopen case (ECF No. 38) is DENIED as moot.
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE