Brewer v. Reubart

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 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.

27 MIRANDA M. DU 38 CHIEF UNITED STATES DISTRICT JUDGE