Holden v. Nevins et al

Filing 20

ORDER Granting 18 Petitioner's Motion for Stay and Abeyance. IT IS FURTHER ORDERED that this action is STAYED pending exhaustion of the unexhausted claims. Petitioner shall return to this court with a motion to reopen within 60 days of i ssuance of the remittitur by the Nevada Supreme Court at the conclusion of the state court proceedings. The Clerk of Court shall administratively close this action until such time as the court grants a motion to reopen the action. Signed by Judge James C. Mahan on 03/13/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JIM BASS HOLDEN,

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Petitioner,

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vs.

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WARDEN NEVINS, et al.,

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Case No. 2:13-cv-00668-JCM-GWF

Respondents.

ORDER

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Petitioner has filed a motion for stay and abeyance (#18), and respondents have filed a notice

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of non-opposition (#19), with the caveat that they will not waive any procedural defenses. Good

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cause appearing;

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IT IS THEREFORE ORDERED that petitioner’s motion for stay and abeyance (#18) is
GRANTED.

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IT IS FURTHER ORDERED that this action is STAYED pending exhaustion of the

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unexhausted claims. Petitioner shall return to this court with a motion to reopen within sixty (60)

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days of issuance of the remittitur by the Nevada Supreme Court at the conclusion of the state court

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proceedings. Further, petitioner or respondents otherwise may move to reopen the action and seek

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any relief appropriate under the circumstances.

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IT FURTHER IS ORDERED that the clerk of court shall administratively close this action
until such time as the court grants a motion to reopen the action.
DATED:

March 13, 2014.

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_________________________________
JAMES C. MAHAN
United States District Judge

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