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