Gohir v. Hoye et al

Filing 29

ORDER Denying 25 Motion to Vacate 18 Order Denying Petitioner's Writ of Habeas Corpus. Signed by Chief Judge Gloria M. Navarro on 6/5/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MOHAMMED SAFDAR GOHIR,
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Petitioner,
vs.

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CHRISTOPHER HOYE, United States
Marshal for the District of Nevada, and
CHARLOTTE COLLINS, Warden, Nevada
Southern Detention Center,

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Respondents.
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Case No.: 2:14-cv-00760-GMN-VCF
ORDER

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Pending before the Court is Petitioner’s Motion to Vacate Order Denying Petitioner’s

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Writ of Habeas Corpus Pursuant to Federal Rule of Civil Procedure 60(b). (ECF No. 25).

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Respondents Christopher Hoye and Charlotte Collins filed a Response (ECF No. 26) and

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Petitioner filed a Reply (ECF No. 27).

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Generally, a notice of appeal divests this Court of jurisdiction to hear a motion brought

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pursuant to Rule 60(b). See G.C. & K.B. Investments, Inc. v. Wilson, 326 F.3d 1096, 1101 n. 2

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(9th Cir. 2003). However, the Ninth Circuit has crafted a procedure to allow for a remand to the

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trial court when facts arise which would allow for relief under Rule 60(b) after an appeal has

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been taken. See Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. 2004). Under this procedure,

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the party requesting review under Rule 60(b) first requests the district court whether it wishes to

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entertain or grant the Rule 60(b) motion. Id. If the court wishes to entertain the motion, the

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party seeking review then petitions the Ninth Circuit for a remand so that the district court may

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entertain the motion. Id.

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Upon review of Petitioner’s arguments, the Court concludes it does not wish to entertain

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Petitioner’s Rule 60(b) motion. Petitioner has raised no grounds upon which the Court would

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consider modifying its prior Order (ECF No. 18). Accordingly, Petitioner’s Motion is

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DENIED.

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IT IS HEREBY ORDERED that Petitioner’s Motion to Vacate Order Denying

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Petitioner’s Writ of Habeas Corpus Pursuant to Federal Rule of Civil Procedure 60(b) (ECF No.

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25) is DENIED.

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DATED this 5th day of June, 2015.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

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