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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,

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Plaintiff/Respondent

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vs.
Castulo Soto-Valdez,
Defendant/Movant.

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No. CV-99-1591-PHX-RCB(LOA)
O R D E R

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On

February

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2012,

Magistrate

Judge

Lawrence

O.

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Anderson,

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recommending denial of the “Motion for Relief from Judgment

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Under Rule 60(b)(6)” filed by movant pro se Castulo Soto-Valdez.

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R & R (Doc. 12) at 1:16.

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Thereafter, on July 16, 2012, the movant filed a “Motion to

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Supplement

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Circuit Law” (Doc. 14) (emphasis omitted).

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the movant is seeking to supplement his pending motion for

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relief under Fed.R.Civ.P. 60(b)(6), and have this court consider

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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,

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v. Hoffman, 682 F.3d 1247 (9 th Cir. June 25, 2012).

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further claims, as he has previously, see Mot. (Doc. 11), that

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the Supreme Court’s January 18, 2012, decision in Maples v.

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Thomas, ___ U.S. ___, 132 S.Ct. 912, 181 L.Ed.2d 807 (2012),

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also supports his motion for Rule 60(b)(6) relief.

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(Doc.

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Supreme Court decision, decided after the issuance of the R &

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R herein, Martinez v. Ryan, ___ U.S. ___, 132 S.Ct. 1309, 182

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L.Ed.2d

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14)

at

272

1-2.

(March

Lastly,

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movant

2012),

as

cites

to

Movant

See Mot.

another

supporting

his

recent

claimed

entitlement to relief under Rule 60(b)(6).

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In light of the foregoing,

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IT IS HEREBY ORDERED that:

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(1) respondent, the United States of America, shall file a

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response to movant’s Motion to Supplement (Doc. 14), addressing

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the

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applicability, if any, to the issues presently before the court

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in movant’s motion for relief under Fed.R.Civ.P. 60(b)(6);

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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

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(3) movant’s reply, if any, shall be filed no later than

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ten

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response.

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(10)

days

DATED this

from

27 th

the

date

of

entry

and

service

day of July, 2012.

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there

Copies to counsel of record and defendant/movant pro se
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of

the