Turpening v. Philson et al

Filing 22

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AARON LEE TURPENING,

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Petitioner,

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vs.

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TIMOTHY FILSON, et al.,

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2:16-cv-02947-JCM-PAL

Respondents.

ORDER

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_______________________________/

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In this habeas corpus action, brought by Nevada prisoner Aaron Lee Turpening, the

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respondents filed an answer to Turpening’s petition for writ of habeas corpus on May 10, 2017

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(ECF No. 15). Turpening was then due to file a reply by July 10, 2017. See Order entered January

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12, 2017 (ECF No. 3) (60 days for reply).

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Turpening did not file a reply. Rather, on June 15, 2017, Turpening filed a Motion for Stay

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or Extension of Time (ECF No. 19). In that filing, Turpening essentially requests that this action be

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suspended -- by either a stay or an extension of time -- while he completes certain litigation in state

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court. As the Court understands Turpening’s motion, Turpening has an appeal pending in the

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Nevada Supreme Court, in which he appeals from the denial of a motion for modification of his

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sentence, and he believes the resolution of that appeal will have an impact on this action.

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On June 27, 2017, respondents filed a notice (ECF No. 20), stating that they do not oppose

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suspending further proceedings in this action until the Nevada Supreme Court rules on Turpening’s

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pending appeal.

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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

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(ECF No. 19) is GRANTED. This action is STAYED pending the resolution of petitioner’s appeal

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pending in the Nevada Supreme Court (Case Number 72227 in the Nevada Supreme Court).

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IT IS FURTHER ORDERED that the Clerk of the Court shall close this case
administratively.

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IT IS FURTHER ORDERED that petitioner shall, within 30 days after the Nevada

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Supreme Court rules on his appeal, file a notice in this case informing the Court of that ruling. The

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Court will then determine whether the stay should be lifted, and, if so, what further proceedings are

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necessary in this case.

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July 13, 2017.
Dated this _____ day of ________________________, 2017.

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UNITED STATES DISTRICT JUDGE
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