Thomas v. Williams et al

Filing 21

ORDER. IT IS ORDERED that 19 petitioner's motion for stay and abeyance is GRANTED. IT IS FURTHER ORDERED that 18 petitioner's motion for leave to file a second-amended petition is GRANTED. IT IS FURTHER ORDERED that this action is STAYED pending final resolution of petitioner's state postconviction habeas petition. IT IS FURTHER ORDERED that 20 the court's scheduling order dated 8/6/2018 is VACATED. 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 Chief Judge Gloria M. Navarro on 8/7/2018. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

DESHAWN L. THOMAS,

10

Case No. 2:18-cv-00020-GMN-PAL
Petitioner,

ORDER

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

This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. §
2254 by Nevada state prisoner Deshawn L. Thomas. On June 29, 2018, this court

16

granted petitioner’s motion for counsel and appointed the Federal Public Defender

17

(FPD) to represent petitioner in this action (ECF No. 9). On July 27, 2018, Thomas Lee

18

of the Federal Public Defender’s Office appeared on behalf of petitioner (ECF No. 12).

19

On August 3, 2018, through the FPD, Thomas contemporaneously filed a first-

20
amended petition, a motion for leave to file a second-amended petition, and a motion for
21
22

stay and abeyance (ECF Nos. 13, 18, 19). Counsel explains that, according to his

23

calculations, Thomas’s AEDPA statute of limitations expired on or about August 6,

24

2018. Thus, counsel filed the first-amended petition as a protective petition in order that

25

Thomas would have a timely federal petition on file while counsel thoroughly reviewed

26

his case. See Rhines v. Weber, 544 U.S. 269 (2005); Pace v. DiGuglielmo, 544 U.S.

27

416 (2005).

28
1

1
2
3

In the motion to stay, counsel for petitioner further informs the court that he has
discovered that Thomas has a counseled state postconviction petition currently pending
(ECF No. 19, p. 2). Thomas points out that the outcome in state court may directly

4
impact his federal claims. Good cause appearing, the motion for stay and abeyance
5
6
7
8
9
10
11

shall be granted.
IT IS THEREFORE ORDERED that petitioner’s motion for stay and abeyance
(ECF No. 19) is GRANTED.
IT IS FURTHER ORDERED that petitioner’s motion for leave to file a secondamended petition (ECF No. 18) is GRANTED.
IT IS FURTHER ORDERED that this action is STAYED pending final resolution

12
13
14

of petitioner’s state postconviction habeas petition.
IT IS FURTHER ORDERED that the grant of a stay is conditioned upon petitioner

15

returning to federal court with a motion to reopen the case within forty-five (45) days of

16

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

17

state court proceedings on the postconviction habeas petition.

18
19

IT IS FURTHER ORDERED that the court’s scheduling order dated August 6,
2018 (ECF No. 20) is VACATED.

20
21
22

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.

23
24

DATED: 7 August 2018.

25
26
GLORIA M. NAVARRO, CHIEF JUDGE
UNITED STATES DISTRICT COURT

27
28
2