Brewer v. Reubart

Opinion

1 2 5 kad 6 CORY O’NEAL BREWER, Case No. 3:20-cv-00396-MMD-CLB 7 Petitioner, ORDER 3 V. WILLIAM REUBART, et a/., ° Respondents. 10 11 12 This is a habeas corpus action brought under 28 U.S.C. § 2254 by Petitioner Cory 13 O’Neal Brewer, a Nevada prisoner proceeding pro se. On October 17, 2022, the Court 14 issued an order requiring Brewer to show cause as to why this action should not be 15 dismissed under the total exhaustion rule established by Rose v. Lundy, 455 U.S. 509, 16 522 (1982). (ECF No. 61.) In response to that order, Brewer has filed a declaration 17 indicating that he wishes to “waive exhausting” his unexhausted claims and proceed only 18 on his exhausted claims. (ECF No. 63 at 2.) 19 It is therefore ordered that Grounds 1(A)(6), 1(B)(2), 2(A)(4), and 2(A)(5) of the 20 First Amended Petition (ECF No. 39) are dismissed without prejudice as unexhausted. 21 It is further ordered that Respondents will have 30 days from the date of this order 22 to file an answer to Brewer’s remaining grounds for relief. 23 It is further ordered that Brewer will have 30 days following service of Respondents’ 24 answer to file a reply. 25 DATED THIS 8" Day of November 2022.

38 CHIEF UNITED STATES DISTRICT JUDGE