Saldana-Garcia v. Williams Sr

Filing 70

ORDER denying without prejudice 68 Motion to Reopen Case, including his request for leave to file a second-amended petition. Signed by Chief Judge Andrew P. Gordon on 3/7/2025. (Copies have been distributed pursuant to the NEF - MAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Ubaldo Saldana-Garcia,

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v.

Case No. 2:19-cv-00441-APG-BNW

Petitioner,

Order Denying Petitioner’s Motion to
Reopen the Case Without Prejudice
(ECF No. 68)

Brian E Williams Sr., et al.,

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Respondents.

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This habeas matter is before me on Petitioner Ubaldo Saldana-Garcia’s Motion to Reopen

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the Case (“Motion” (ECF No. 68)). The respondents filed a non-opposition to the motion. ECF

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No. 69.

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On January 17, 2024, I administratively closed this action while Petitioner exhausted

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Grounds I, II, IV, V, VI, VII, VIII, and IX of the Amended Petition. ECF No. 66. Petitioner has

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completed his state court proceedings and now moves to reopen these federal habeas proceedings

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and includes a request to allow him to file a second-amended petition. ECF No. 68.

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In my prior order granting Petitioner’s Motion to Stay the Case pending exhaustion of the
claims contained in his Amended Petition, I ordered that:
[W]ith any motion to reopen filed following completion of all state court
proceedings pursued, the petitioner: (a) shall attach supplemental exhibits
containing the new state court pleadings and the state court written decisions
thereon; and (b) if the petitioner intends to amend the federal petition, he shall file
a motion for leave to amend along with the proposed amended petition or a motion
for extension of time to move for leave.
ECF No. 66 at 5.

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Petitioner’s motion fails to comply with my prior order as he neither attached as

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supplemental exhibits the new state court pleadings and state court written decision thereon nor

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filed a motion for leave to amend along with the proposed amended petition or a motion for

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extension of time to move for leave. Because Petitioner’s motion and request for a scheduling

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order fail to comply with my prior order, I deny without prejudice the motion to reopen the case.
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I THEREFORE ORDER that Petitioner Ubaldo Saldana-Garcia’s Motion to Reopen

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the Case (“Motion” (ECF No. 68)), including his request for leave to file a second-amended

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petition, is denied without prejudice.

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Dated: March 7, 2025

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ANDREW P. GORDON
CHIEF UNITED STATES DISTRICT JUDGE

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