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BANUELOS v. SMITH

Case No. 3:11-cv-00896-MMD-VPC.

ENRIQUE BANUELOS, Petitioner, v. GREG SMITH, et al., Respondents.

United States District Court, D. Nevada.

September 15, 2014.

Attorney(s) appearing for the Case

Enrique Banuelos, Petitioner, represented by Jonathan M Kirshbaum , Law Offices of the Federal Public Defender.

Greg Smith, Respondent, represented by Robert E Wieland , Bureau of Criminal Justice.

Nevada Attorney General, Respondent, represented by Robert E Wieland , Bureau of Criminal Justice.

ORDER

MIRANDA M. DU, District Judge.

This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a Nevada state prisoner represented by counsel. Before the Court is respondents' motion to dismiss the second amended petition. (Dkt. no. 35.)

I. PROCEDURAL HISTORY

Petitioner was charged with murder with the use of a deadly weapon. (Exh. 5.)1 On May 17, 2007, at his arraignment...

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