Ross v. Neven et al

Filing 56

ORDER granting 48 Motion to Stay.; Case Administratively terminated. Petitioner shall return to this court with a motion to reopen within forty-five (45) days of issuance of the remittitur by the Nevada Supreme Court at the conclusion of the statecourt proceedings. Signed by Judge James C. Mahan on 3/29/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RONALD ROSS,

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Petitioner,

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vs.

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Case No. 2:13-cv-01562-JCM-CWH

DWIGHT NEVEN, et al.,

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ORDER

Respondents.

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The court determined that petitioner had not exhausted all of his grounds for relief in state

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court. ECF No. 47. Before the court are petitioner’s motion for stay and abeyance (ECF No. 48),

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respondents’ opposition (ECF No. 52), and petitioner’s reply (ECF No. 55). Petitioner must show

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that he has “good cause for his failure to exhaust, his unexhausted claims are potentially

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meritorious, and there is no indication that the petitioner engaged in intentionally dilatory litigation

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tactics.” Rhines v. Weber, 544 U.S. 269, 278 (2005). The court finds that petitioner has met this

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standard, and the court grants petitioner’s motion.

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IT IS THEREFORE ORDERED that petitioner’s motion for stay and abeyance (ECF No.
48) is GRANTED.
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 forty-five

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(45) days of issuance of the remittitur by the Nevada Supreme Court at the conclusion of the state

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

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seek 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 29, 2017.

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_________________________________
JAMES C. MAHAN
United States District Judge

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