Brewer v. Reubart

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.

12 This is a habeas corpus action brought under 28 U.S.C. § 2254 by Petitioner Cory || O’Neal Brewer, a Nevada prisoner proceeding pro se. On October 17, 2022, the Court || issued an order requiring Brewer to show cause as to why this action should not be || dismissed under the total exhaustion rule established by Rose v. Lundy, 455 U.S. 509, || 522 (1982). (ECF No. 61.) In response to that order, Brewer has filed a declaration || indicating that he wishes to “waive exhausting” his unexhausted claims and proceed only || 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 || 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 || 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’ || answer to file a reply.

25 DATED THIS 8" Day of November 2022.

27 MIRANDA M. DU 38 CHIEF UNITED STATES DISTRICT JUDGE