Zepeda v. USA

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION 29 in full. Petitioner's Unopposed Motion to Stay 28 is granted. IT IS FURTHER ORDERED the parties shall file a status report regarding the continuance of the stay: (1) within 30 days of the issua nce of any decision by the Ninth Circuit in Begay; (2) within 30 days of the issuance of any decision by the Supreme Court in Davis; and (3) in any event on or before August 8, 2019, and every three months thereafter. Signed by Senior Judge Roslyn O Silver on 2/22/19. (CLB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Damien Miguel Zepeda,

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Petitioner,

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ORDER

v.

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No. CV-17-01229-PHX-ROS (JFM)

USA,

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Respondent.

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Petitioner, who is represented by counsel, seeks an unopposed continuation of a stay

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of the briefing schedule pending the Ninth Circuit’s anticipated decision in United States

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v. Begay, No. 14-10080. (Doc. 28.) The parties report that on January 10, 2019, the Ninth

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Circuit issued an order in Begay deferring “submission pending the Supreme Court’s

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disposition of United States v. Davis, No. 18-431.” Begay, No. 14-10080, Doc. 107.

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Petitioner argues the decisions in Begay could be dispositive of some of the issues in the

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present case. In a Report and Recommendation, Magistrate Judge James F. Metcalf

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recommended granting this motion. (Doc. 29.)

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Whether a stay is warranted requires balancing “the competing interests which will

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be affected by the granting or refusal to grant a stay,” Lockyer v. Mirant Corp., 398 F.3d

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1098, 1109 (9th Cir. 2005), including “the possible damage which may result from the

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granting of a stay, the hardship or inequity which a party may suffer in being required to

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go forward, and the orderly course of justice measured in terms of the simplifying or

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complicating of issues, proof, and questions of law which could be expected to result from

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a stay.” CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962). Here, neither party will

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be prejudiced if the case is stayed. Further, permitting a stay may simplify the issues in

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this case and promote judicial economy.

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Accordingly,

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IT IS ORDERED the Report and Recommendation, (Doc. 29), is ADOPTED IN

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FULL. Petitioner’s Unopposed Motion to Stay, (Doc. 28), is GRANTED.

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IT IS FURTHER ORDERED the parties shall file a status report regarding the

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continuance of the stay: (1) within 30 days of the issuance of any decision by the Ninth

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Circuit in Begay; (2) within 30 days of the issuance of any decision by the Supreme Court

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in Davis; and (3) in any event on or before August 8, 2019, and every three months

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thereafter.

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Dated this 22nd day of February, 2019.

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Honorable Roslyn O. Silver
Senior United States District Judge

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