Mendoza v. de la Cruz

Filing 6

ORDER Granting #3 Petitioner's Motion for Stay and Abeyance. Case stayed until pending resolution of state resentencing review proceedings. Signed by Judge Janis L. Sammartino on 9/24/24. (aas)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

NANCY MICHELLE MENDOZA,
Petitioner,

12
13

v.

14

ANISSA DE LA CRUZ, Warden,

15

Case No.: 24-CV-1403 JLS (LR)
ORDER GRANTING PETITIONER’S
MOTION FOR STAY AND
ABEYANCE

Respondent.

(ECF No. 3)

16
17

Presently before the Court is Petitioner Nancy Michelle Mendoza’s (“Petitioner”)

18

Motion for Stay and Abeyance of Proceedings Pending State Court Sentencing Review

19

(“Mot.,” ECF No. 3). Petitioner avers her counsel is engaged in resentencing discussions

20

initiated by the San Diego County District Attorney’s Office and granting a stay will

21

promote judicial economy by avoiding unnecessary litigation in federal court if the state

22

resentencing proceedings result in a favorable outcome for Petitioner. See generally Mot.

23

Respondent Anissa de la Cruz (“Respondent”) filed a Statement of Non-Opposition to

24

Petitioner’s Motion for Stay and Abeyance (“Statement,” ECF No. 5), indicating

25

Respondent does not oppose Petitioner’s request to stay the matter until any possible

26

resentencing issue has been resolved. Statement at 2.

27

Inherent in the Court’s “power to control [its] docket” is the authority to stay a case.

28

HDI Glob. Ins. Co. v. San Fernando Realty, Inc., No. 2:20-cv-06468-SVW-KK,
1
24-CV-1430 JLS (LR)

1

2020 WL 7872202, at *5 (C.D. Cal. Oct. 28, 2020) (citing Landis v. North Am. Co.,

2

299 U.S. 248, 254 (1936)). As the Motion is unopposed, and Petitioner asserts the pending

3

resentencing discussions could potentially render some or all the habeas issues moot, the

4

Court finds a stay to allow the state sentencing review to proceed is appropriate.

5

Accordingly, the Court GRANTS Petitioner’s Motion (ECF No. 3), and STAYS

6

this matter pending resolution of state resentencing review proceedings. Petitioner is

7

DIRECTED to file, within thirty (30) days of the District Attorney’s Office’s resolution

8

of Petitioner’s resentencing review, a motion requesting that the stay be lifted. The Clerk

9

of Court will administratively close this case until further Order of this Court.

10
11

IT IS SO ORDERED.
Dated: September 24, 2024

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
24-CV-1430 JLS (LR)