Opinion
2:22-cv-02030-JAD-EJY
07-18-2023
CAMERON TERRAL THOMAS, Petitioner v. WARDEN OF HIGH DESERT STATE PRISON, et al., Respondent
ORDER GRANTING MOTION FOR VOLUNTARY PARTIAL DISMISSAL, DENYING MOTION TO DISMISS AS MOOT, AND DIRECTING RESPONDENTS TO FILE AN ANSWER
[ECF NOS. 15, 29]
Jenifer A. Dorsey, U.S. District Judge
Counseled petitioner Cameron Terral Thomas petitions for a writ of habeas corpus under 28 U.S.C. § 2254 to challenge his Nevada state-court convictions and sentence for various sex offenses for which he is serving an aggregate sentence of forty to life. In ground 8 of his petition, Thomas alleges that the state court erred by failing to grant him an evidentiary hearing on all of his claims. Respondents move to dismiss this ground, arguing that it is not cognizable in federal habeas. In response, Thomas moves to voluntarily dismiss this ground. With good cause appearing, I grant Thomas' request to voluntarily dismiss ground 8, mooting the respondents' motion to dismiss, and I instruct Respondents to file an answer.
ECF No. 1.
ECF No. 1 at 47.
ECF No. 15.
ECF No. 29.
IT IS THEREFORE ORDERED that petitioner Cameron Terral Thomas' motion for voluntarily dismissal of ground 8 [ECF No. 29] is GRANTED. Ground 8 is DISMISSED.
IT IS FURTHER ORDERED that Respondents' motion to dismiss [ECF No. 15] is DENIED as moot. Respondents have until September 16, 2023, to file an answer to the remaining grounds in the petition on their merits. The answer must comply with Rule 5 of the Rules Governing Proceedings in the United States District Courts under 28 U.S.C. § 2254. Thomas will then have 60 days from the date of service of respondents' answer to file a reply.