Soto-Valdez v. Adams

Filing 15

ORDER, Respondent, the United States of America, shall file a response to movant's Motion to Supplement 14 , addressing the recently decided cases referenced therein and there applicability, if any, to the issues presently before the court in m ovant's motion for relief under Fed.R.Civ.P. 60(b)(6); Respondent's response shall be filed no later than 15 days from the date of entry of this order; and movant's reply, if any, shall be filed no later than 10 days from the date of entry and service of the response. Signed by Senior Judge Robert C Broomfield on 7/27/12. (REW)

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1 WO 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 11 12 United States of America, 13 Plaintiff/Respondent 14 15 16 vs. Castulo Soto-Valdez, Defendant/Movant. ) ) ) ) ) ) ) ) ) ) No. CV-99-1591-PHX-RCB(LOA) O R D E R 17 18 On February 17, 2012, Magistrate Judge Lawrence O. 19 Anderson, 20 recommending denial of the “Motion for Relief from Judgment 21 Under Rule 60(b)(6)” filed by movant pro se Castulo Soto-Valdez. 22 R & R (Doc. 12) at 1:16. 23 Thereafter, on July 16, 2012, the movant filed a “Motion to 24 Supplement 25 Circuit Law” (Doc. 14) (emphasis omitted). 26 the movant is seeking to supplement his pending motion for 27 relief under Fed.R.Civ.P. 60(b)(6), and have this court consider 28 the Ninth Circuit Court of Appeals’ recent decision in Mackey issued Pending a Report Motion and Recommendation (“R & R”) The movant timely filed objections. Under Rule 60(b)(6) with Recent More specifically, 1 v. Hoffman, 682 F.3d 1247 (9 th Cir. June 25, 2012). 2 further claims, as he has previously, see Mot. (Doc. 11), that 3 the Supreme Court’s January 18, 2012, decision in Maples v. 4 Thomas, ___ U.S. ___, 132 S.Ct. 912, 181 L.Ed.2d 807 (2012), 5 also supports his motion for Rule 60(b)(6) relief. 6 (Doc. 7 Supreme Court decision, decided after the issuance of the R & 8 R herein, Martinez v. Ryan, ___ U.S. ___, 132 S.Ct. 1309, 182 9 L.Ed.2d 10 14) at 272 1-2. (March Lastly, 20, movant 2012), as cites to Movant See Mot. another supporting his recent claimed entitlement to relief under Rule 60(b)(6). 11 In light of the foregoing, 12 IT IS HEREBY ORDERED that: 13 (1) respondent, the United States of America, shall file a 14 response to movant’s Motion to Supplement (Doc. 14), addressing 15 the 16 applicability, if any, to the issues presently before the court 17 in movant’s motion for relief under Fed.R.Civ.P. 60(b)(6); 18 19 recently decided cases referenced therein and (2) respondent’s response shall be filed no later than fifteen (15) days from the date of entry of this order; and 20 (3) movant’s reply, if any, shall be filed no later than 21 ten 22 response. 23 (10) days DATED this from 27 th the date of entry and service day of July, 2012. 24 25 26 27 28 there Copies to counsel of record and defendant/movant pro se -2- of the

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