Smith v. McDaniel

Full title: ROBERT ANTHONY SMITH, Petitioner, v. E. K. McDANIEL, et al., Respondents

Court: United States District Court, D. Nevada

Date published: Mar 18, 2011

Case No. 3:08-CV-00335-RCJ-(RAM) (D. Nev. Mar. 18, 2011)

Opinion

Case No. 3:08-CV-00335-RCJ-(RAM).

March 18, 2011

ORDER

ROBERT JONES, District Judge

Petitioner has submitted a motion to reopen case (#33), having exhausted his available state-court remedies. Good cause appearing;

IT IS THEREFORE ORDERED that petitioner's motion to reopen case (#33) is GRANTED. This action is REINSTATED.

IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date on which this order is entered to answer or otherwise respond to the first amended petition (#20). If respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five (45) days from the date on which the answer is served to file a reply.