Smith v. Neven et al

Filing 12

ORDER granting 10 11 Motions to Consolidate Cases. See Order for details. Signed by Judge Philip M. Pro on 9/22/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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BRECK SMITH,

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Petitioner,

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vs.

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D.W. NEVEN, et al.,

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Respondents.

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2:10-CV-01596-PMP-GWF
2:11-CV-00556-RLH-CWH
ORDER CONSOLIDATING CASES

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This is an action initiated by Breck Smith, a state prisoner, on a petition for writ of habeas

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corpus. (ECF No. 10.) Before the Court is respondents’ motion to consolidate this case with case

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number 2:11-cv-00566-RLH-RJJ on the basis that both actions involve closely related criminal

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convictions that were addressed in state court in a global plea agreement and which, respondents note,

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raise similar claims “alleging, inter alia, that Smith did not understand the deal and that the sentence was

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too harsh. . . .” Motion to Consolidate (ECF No. 11), p. 3. Petitioner has not opposed the motion in

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either action.

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The Rules Governing 2254 Cases require a petitioner to file a separate petition for writ of habeas

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corpus as to each conviction or sentence that he or she is challenging. Rule 2(e).

It appears that

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petitioner has complied with that rule. However, the interests of preserving judicial resources, as well

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as those of the parties, suggest that in this rare instance consolidation is appropriate.

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IT IS THEREFORE ORDERED that the Motions to Consolidate (ECF Nos. 10 and 11 in case

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number 2:11-cv-00566-RLH-CWH and ECF No. 24 in case number 2:10-cv-01596-PMP-GWF) are

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GRANTED. The Clerk shall file a copy of this Order in both cases.

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IT IS FURTHER ORDERED that the Clerk shall file a copy of the petition (ECF No. 1) from

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case number 2:11-cv-00566-RLH-CWH) in case number 2:10-cv-01596-PMP-GWF and it shall be

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identified as a Supplemental Petition. Petitioner shall pursue all available claims in his related cases in

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this action and shall identify his pleadings with case number 2:10-cv-01596-PMP-GWF.

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IT IS FURTHER ORDERED that respondents shall have forty five (45) days to file their

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Answer or other response to the Amended Petition (ECF No. 19) and the Supplemental Petition in this

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action. Petitioner shall have thirty days thereafter to respond.

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IT IS FURTHER ORDERED that the Clerk shall close case number 2:11-cv-00566-RLHCWH).

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DATED: September 22, 2011.

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PHILIP M. PRO
United States District Judge

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