Valdez v. USA
Filing
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ORDER that the 1 Petition for Post-Conviction Relief (Doc. 195 in CR-11-2492-PHX-DGC) is denied and this civil action opened in connection is dismissed without prejudice. The Clerk of Court must enter judgment accordingly. Signed by Judge David G Campbell on 1/15/2014. (LFIG)
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MDR
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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,
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vs.
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No. CV 13-2557-PHX-DGC (LOA)
CR 11-2492-PHX-DGC
Ysidro Juan Valdez,
ORDER
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Defendant/Movant.
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Movant Ysidro Juan Valdez, who is confined in the Corrections Corporation of
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America’s Central Arizona Detention Center in Florence, Arizona, has filed a pro se
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Petition for Post-Conviction Relief, which the Court will construe as a Motion Under 28
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U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody.1
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The Court will summarily deny the Petition.
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On September 9, 2013, Movant filed a Notice of Appeal (Doc. 180) to the United
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States Court of Appeals for the Ninth Circuit from the judgment of conviction and
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sentence. The United States Court of Appeals for the Ninth Circuit has instructed the
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district courts that they should not entertain § 2255 motions while there is a direct appeal
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pending in either the Ninth Circuit or the Supreme Court. United States v. Deeb, 944
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F.2d 545, 548 (9th Cir. 1991); Feldman v. Henman, 815 F.2d 1318, 1320 (9th Cir. 1987);
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see also United States v. Pirro, 104 F.3d 297, 299 (9th Cir. 1997); Rule 5, Rules
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relief.
The Petition is filed on a form for filing a state-court petition for post-conviction
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Governing Section 2255 Proceedings for the United States District Courts, Advisory
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Comm. Note (1976) (absent extraordinary circumstances, the orderly administration of
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criminal justice precludes a district court from considering a § 2255 motion while review
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of the direct appeal is still pending). Accordingly, Movant’s Petition will be denied
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without prejudice pending resolution of Movant’s direct appeal.
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IT IS THEREFORE ORDERED that the Petition for Post-Conviction Relief
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(Doc. 195 in CR 11-2492-PHX-DGC) is denied and that the civil action opened in
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connection with this Motion (CV 13-2557-PHX-DGC (LOA)) is dismissed without
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prejudice. The Clerk of Court must enter judgment accordingly.
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Dated this 15th day of January, 2014.
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