Turpening v. Philson et al
ORDER granting 19 Motion to Extend Time; Case stayed pending appeal; Case terminated. FURTHER ORDERED that petitioner shall, within 30 days after the Nevada Supreme Court rules on his appeal, file a notice in this case informing the Court of that ruling. Signed by Judge James C. Mahan on 7/13/2017. (Copies have been distributed pursuant to the NEF - JM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
AARON LEE TURPENING,
TIMOTHY FILSON, et al.,
In this habeas corpus action, brought by Nevada prisoner Aaron Lee Turpening, the
respondents filed an answer to Turpening’s petition for writ of habeas corpus on May 10, 2017
(ECF No. 15). Turpening was then due to file a reply by July 10, 2017. See Order entered January
12, 2017 (ECF No. 3) (60 days for reply).
Turpening did not file a reply. Rather, on June 15, 2017, Turpening filed a Motion for Stay
or Extension of Time (ECF No. 19). In that filing, Turpening essentially requests that this action be
suspended -- by either a stay or an extension of time -- while he completes certain litigation in state
court. As the Court understands Turpening’s motion, Turpening has an appeal pending in the
Nevada Supreme Court, in which he appeals from the denial of a motion for modification of his
sentence, and he believes the resolution of that appeal will have an impact on this action.
On June 27, 2017, respondents filed a notice (ECF No. 20), stating that they do not oppose
suspending further proceedings in this action until the Nevada Supreme Court rules on Turpening’s
Therefore, good cause appearing, the Court will stay this action pending the resolution of the
appeal in the Nevada Supreme Court.
IT IS THEREFORE ORDERED that petitioner’s Motion for Stay or Extension of Time
(ECF No. 19) is GRANTED. This action is STAYED pending the resolution of petitioner’s appeal
pending in the Nevada Supreme Court (Case Number 72227 in the Nevada Supreme Court).
IT IS FURTHER ORDERED that the Clerk of the Court shall close this case
IT IS FURTHER ORDERED that petitioner shall, within 30 days after the Nevada
Supreme Court rules on his appeal, file a notice in this case informing the Court of that ruling. The
Court will then determine whether the stay should be lifted, and, if so, what further proceedings are
necessary in this case.
July 13, 2017.
Dated this _____ day of ________________________, 2017.
UNITED STATES DISTRICT JUDGE
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