Brown v. Bear
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|Date Filed||#||Document Text|
|September 21, 2018
OPINION AND ORDER by Judge John E Dowdell Respondent's "motion to dismiss pursuant to Younger v. Harris, 401 U.S. 37 (1971), and for failure to exhaust necessary state court remedies" (Doc. 10) is denied. Within thirty (30) days of the entry of this Order, or by October 22, 2018, Petitioner may file a brief demonstrating either "cause and prejudice" or a "fundamental miscarriage of justice" to excuse his procedural default of his Ground 4 claim. Responden t may file a response within thirty (30) days after the filing of Petitioner's brief. Within thirty (30) days of the entry of this Order, or by October 22, 2018, Respondent shall file a response to the habeas petition addressing the claims raise d in Grounds 1, 2 and 3 of the habeas petition. Petitioner may file a reply brief within thirty (30) days after the filing of Respondent's response to the petition. ; setting/resetting deadline(s)/hearing(s): ( Responses due by 10/22/2018); denying 10 Motion to Dismiss (Re: 1 PETITION for Writ of Habeas Corpus - 2254 ) (SAS, Chambers)
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