Reed v. Gentry et al

Filing 80

ORDER Granting 78 Motion to Stay Case. IT IS FURTHER ORDERED that the Clerk SHALL ADMINISTRATIVELY CLOSE this action, until such time as the court grants a motion to reopen the matter. Signed by Judge Richard F. Boulware, II on 6/15/2020. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

7 MAX REED, II,
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Case No.: 2:17-cv-00648-RFB-PAL

Petitioner
ORDER

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10 JO GENTRY, et al.,
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Respondents

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Max Reed, II’s 28 U.S.C. § 2254 habeas corpus petition is before the court on his

14 motion for a stay of these federal proceedings or in the alternative for an extension of time
15 to file his amended petition (ECF No. 78). The FPD explains that she cannot conduct the
16 necessary investigation into Reed’s case due to current restrictions and safety protocols
17 in response to the COVID-19 pandemic, including strict limitations on visitation in Nevada
18 prisons. Counsel also notes that the tele-work of the FPD, and the Nevada guidelines
19 regarding social distancing and non-essential commerce and activities, will impact
20 counsel’s ability to investigate this case and prepare the amended petition at this time. 1
21 This court has the inherent power to control its docket and the disposition of its cases with
22 economy of time and effort for both the court and the parties. See Ferdik v. Bonzelet, 963
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See, e.g., http://doc.nv.gov/About/Press_Release/covid19_updates/; nvhealthresponse.nv.gov.

1 F.2d 1258, 1260 (9th Cir.1992). There is no indication here that petitioner seeks a stay for
2 the purposes of delay. The motion for stay is, therefore, granted. In granting the stay,
3 however, the court makes no assurances as to whether any claims in the amended
4 petition will be considered timely.
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IT IS THEREFORE ORDERED that petitioner’s motion for issuance of stay and

6 abeyance (ECF No. 78) of this federal habeas corpus proceeding is GRANTED.
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IT IS FURTHER ORDERED that this action is STAYED.

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IT IS FURTHER ORDERED that the grant of a stay is conditioned upon petitioner

9 returning to federal court with a motion to reopen the case when counsel concludes
10 investigation of his case.
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IT IS FURTHER ORDERED that the Clerk SHALL ADMINISTRATIVELY CLOSE

12 this action, until such time as the court grants a motion to reopen the matter.
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Dated: June 15, 2020
_________________________
RICHARD F. BOULWARE, II
U.S. DISTRICT JUDGE

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