Cortinas v. Nevens et al

Filing 35

ORDER that in light of Petitioner's preference to litigate his habeas claims in Case Number 3:10-cv-00439-LRH-RAM and the fact the motion for leave to amend remains pending in that case, Petitioner's 34 Motion to Stay Case is Granted. This action shall be administratively closed. Signed by Judge Richard F. Boulware, II on 11/13/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 ARMANDO B. CORTINAS, JR., 11 12 13 Case No. 2:14-cv-01549-RFB-CWH Petitioner, ORDER v. D.W. NEVENS, et al., 14 Respondents. 15 16 17 18 This counseled habeas matter comes before the Court on petitioner’s motion to stay proceedings pending litigation in a related case (ECF No. 34). 19 In 2010, petitioner filed with the Court a document entitled “Application For 20 Certificate of Appealability.” The document was received by the Court and assigned Case 21 Number 3:10-cv-00439-LRH-RAM. More than four years later, petitioner initiated the 22 instant action with the filing of a pro se petition for writ of habeas corpus pursuant to 28 23 U.S.C. § 2254. Following the filing of a motion to dismiss by the respondents in this case, 24 the Court on August 24, 2016, appointed the Federal Public Defender to represent 25 petitioner and ordered the FPD to file an amended petition on or before March 22, 2017. 26 (See ECF No. 30). 27 On March 22, 2017, petitioner filed a motion in Case Number 3:10-cv-00439-LRH- 28 RAM seeking leave to amend his 2010 filing. Petitioner contemporaneously moved this 1 1 Court to stay proceedings pending resolution of litigation in Case Number 3:10-cv-00439- 2 LRH-RAM. In brief, petitioner argues that there is a chance this Court will find his 2014 3 petition untimely and that he would be better served by litigating his claims in the 2010 4 case instead. Respondents have not opposed the motion to stay, and the time for doing 5 so has expired. 6 In light of petitioner’s preference to litigate his habeas claims in Case Number 3:10- 7 cv-00439-LRH-RAM and the fact the motion for leave to amend remains pending in that 8 case, petitioner’s motion to stay (ECF No. 34) is GRANTED. 9 administratively closed, subject to being reopened on the motion of either party or upon 10 11 This action shall be further order of the court. IT IS SO ORDERED. 12 13 DATED THIS 13th day of November, 2017. 14 RICHARD F. BOULWARE UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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