Gazlay v. Gilespie et al

Filing 4

ORDER that the Clerk of the Court file the 1 -1 Petition for Writ of Habeas Corpus. The Petition for Writ of Habeas Corpus is Denied and the Clerk of the Court shall enter judgment accordingly. FURTHER ORDERED that a certificate of appealability is Denied. Signed by Judge Andrew P. Gordon on 8/11/2014. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
9

STEVEN CHRISTOPHER GAZLAY,

10

Petitioner,

11

vs.

12

Case No. 2:14-cv-00184-APG-GWF

DOUGLAS C. GILLESPIE, et al.,

13

ORDER

Respondents.

14
15
16
17

Petitioner has paid the filing fee. The court has reviewed his pre-trial petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241, and the court denies the petition.
At the time petitioner commenced this action, he was a pre-trial detainee in the Clark

18

County Detention Center. In ground 1, he claims that he is being denied pre-trial bail in violation

19

of the Eighth Amendment. In ground 2, he claims that the denial of pre-trial bail violates the

20

Fourteenth Amendment’s guarantee of due process. The court takes judicial notice of the docket of

21

the Eighth Judicial District Court of the State of Nevada in State v. Gazlay, No. C-13-291842-1.1

22

The court also takes judicial notice of the docket of the Nevada Supreme Court in Gazlay v. State,

23

No. 66105.2 On June 27, 2014, the state district court entered a judgment of conviction against

24

petitioner. On July 16, 2014, petitioner filed a notice of appeal in the state district court, and the

25
26

1

https://www.clarkcountycourts.us/Anonymous/CaseDetail.aspx?CaseID=11103346 (report
generated August 8, 2014).

27
2

28

http://caseinfo.nvsupremecourt.us/public/caseView.do?csIID=34302 (report generated
August 8, 2014).

1

Nevada Supreme Court received it on July 18, 2014. The direct appeal now is pending in the

2

Nevada Supreme Court. Petitioner’s grounds regarding the denial of pre-trial bail now are moot

3

because he has been convicted, and the court cannot grant him any relief. Murphy v. Hunt, 455 U.S.

4

478, 481-82 (1982).

5

To appeal the denial of a petition for a writ of habeas corpus, Petitioner must obtain a

6

certificate of appealability, after making a “substantial showing of the denial of a constitutional

7

right.” 28 U.S.C. §2253(c).

8
9

Where a district court has rejected the constitutional claims on the merits, the showing
required to satisfy §2253(c) is straightforward: The petitioner must demonstrate that
reasonable jurists would find the district court’s assessment of the constitutional claims
debatable or wrong.

10
11

Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also James v. Giles, 221 F.3d 1074, 1077-79 (9th

12

Cir. 2000). Reasonable jurists would not find this court’s conclusion to be debatable or wrong, and

13

the court will not issue a certificate of appealability.

14
15
16
17

IT IS THEREFORE ORDERED that the clerk of the court file the petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241.
IT IS FURTHER ORDERED that the the petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2241 is DENIED. The clerk of the court shall enter judgment accordingly.

18

IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

19

Dated:

August 11, 2014.

20
_________________________________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
-2-