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Gallegos v. State

United States District Court, D. Nevada
Dec 16, 2010
3: 09-cv-0459-ECR-VPC (D. Nev. Dec. 16, 2010)

Opinion

3: 09-cv-0459-ECR-VPC.

December 16, 2010


ORDER


This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which petitioner, a state prisoner, is proceeding pro se. On December 2, 2010, this court entered an order granting in part and denying in part respondents' motion to dismiss. (Docket #27.) The court found grounds 1(b) through (11) to be unexhausted in state court. Id. The court gave petitioner various options as to how to proceed with his case, including advising the court of his desire to abandon the unexhausted claims by filing a sworn declaration of abandonment, signed by the petitioner, himself.

On December 15, 2010, petitioner filed a signed declaration stating that he wished to abandon his unexhausted claims. (Docket #28.)

IT IS THEREFORE ORDERED that grounds 1(b) through (11) are DISMISSED. This case shall proceed on ground 1(a) only. IT IS FURTHER ORDERED that respondents are GRANTED thirty (30) days from the date of service of this order within which to file an answer to the one remaining ground for relief. Petitioner is GRANTED thirty (30) days thereafter to file a reply.

DATED this 16th day of December, 2010.


Summaries of

Gallegos v. State

United States District Court, D. Nevada
Dec 16, 2010
3: 09-cv-0459-ECR-VPC (D. Nev. Dec. 16, 2010)
Case details for

Gallegos v. State

Case Details

Full title:MAGDALENO GALLEGOS, Petitioner, v. STATE OF NEVADA, et al., Respondents

Court:United States District Court, D. Nevada

Date published: Dec 16, 2010

Citations

3: 09-cv-0459-ECR-VPC (D. Nev. Dec. 16, 2010)