Free Order on Motion for Extension of Time to Answer - District Court of Arizona - Arizona

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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 William Floyd Smith, No. CV 04-573-PHX-FJM (MS)
1 O Petitioner,
11 vs. ORDER
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13 Dora B. Schriro, etal.,
14 Respondents.
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16 Before the Court is Respondents' "Motion for Extension of Time To File
17 Answer to Petition for Writ of Habeas Corpus" filed July 15, 2005 and Petitioner's
18 "Motion for Leave to Amend" filed July 19, 2005.
19 In his motion for leave to amend, Petitioner refers to the District Judge's June
20 27, 2005 Order, in which the District Judge ordered the parties to proceed diligently
21 in briefing the case. ln light of this order, Petitioner states that he wants to remove
22 unexhausted claims from the Petition. Petitioner then states some reasons why the
23 claims were not exhausted.
24 The Court will grant Petiti0ner's motion to amend to the extent that the Court
25 will require Petitioner to file a motion to dismiss that delineates, with specificity,
26 which unexhausted claims he seeks to dismiss from the Petition. No briefing shall
27 occur as to the motion to dismiss. Instead, Respondents shall file an Answer to the
28 Petition, in light of the motion to dismiss, within 30 days ofthe date of the tiling of
Case 2:04-cv-00573-FJM Document 27 Filed O7/27/2005 Page 1 of 2

1 the motion to dismiss. Petitioner shall flle a reply within 30 days of the date of the
2 tiling of Respondents' Answer. Accordingly, I
l 3 IT IS ORDERED that:
4 1. Petitioner's "Motion for Leave to Amend" tiled July 19, 2005 is
5 GRANTED to the extent contained herein. Petitioner shall have 10
6 days from the date of the tiling of this Order to tile a motion to dismiss.
7 No briefing on the motion to dismiss shall be allowed.
8 2. Respondents' "Motion for Extension of Time To File Answerto Petition
9 for Writ of Habeas Corpus" filed July 15, 2005 is GRANTED.
10 3. Respondents shall have 30 days from the date of the filing of the
11 motion to dismiss to tile an Answer.
12 4. Petitioner shall have 30 days from the tiling of the Answer to file a
13 Reply.
14 DATED this ,2,j day of July, 2005.
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18 United Sg%rsOhl/Iagi\sti·Iate Judge
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Case 2:04-cv-00573-FJM

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Case 2:04-cv-00573-FJM

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