Delapinia v. Williams Sr et al

Filing 20

ORDER that Petitioner's motion to stay case and hold in abeyance (ECF No. 18 ) is granted; this action is stayed pending exhaustion of the unexhausted claims; Petitioner must return to this Court with a motion to reopen within 45 days o f issuance of the remittitur by the Nevada Supreme Court at the conclusion of the state court proceedings; Petitioner or Respondents otherwise may move to reopen the action and seek any relief appropriate under the circumstances; Clerk directed to administratively close this action until such time as the court grants a motion to reopen the action. Signed by Judge Miranda M. Du on 7/23/2018. (Copies have been distributed pursuant to the NEF - LH)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

RYAN L. DELAPINIA,

Case No. 2:17-cv-02376-MMD-CWH
Petitioner,

10

ORDER

v.
11
BRIAN WILLIAMS, SR., et al.,
12
Respondents.
13
14
15
16
17

Petitioner has filed a motion to stay case and hold in abeyance. (ECF No. 18.)
Respondents do not oppose the motion. (ECF No. 19.)
It is therefore ordered that Petitioner’s motion to stay case and hold in abeyance
(ECF No. 18) is granted.

18

It is further ordered that this action is stayed pending exhaustion of the unexhausted

19

claims. Petitioner must return to this Court with a motion to reopen within forty-five (45)

20

days of issuance of the remittitur by the Nevada Supreme Court at the conclusion of the

21

state court proceedings. Further, Petitioner or Respondents otherwise may move to

22

reopen the action and seek any relief appropriate under the circumstances.

23
24
25

It is further ordered that the Clerk of Court administratively close this action until
such time as the court grants a motion to reopen the action.
DATED THIS 23rd day of July 2018.

26
27
28

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE