Santacruz v. Howell et al

Filing 23

ORDER granting 21 Motion to Stay Case; Status Report due by 5/15/2021. Signed by Judge Richard F. Boulware, II on 11/16/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:20-cv-00847-RFB-BNW Document 23 Filed 11/16/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GABRIEL SANTACRUZ,

Case No. 2:20-cv-00847-RFB-BNW
Petitioner,

v.

ORDER GRANTING MOTION TO STAY
(ECF NO. 21)

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JERRY HOWELL, et. al,
Respondents.

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This action is a petition for writ of habeas corpus under 28 U.S.C. § 2254 brought by

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Gabriel Santacruz who is incarcerated at Southern Desert Correctional Center serving an aggregate

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sentence of life with a minimum of 38 years. On October 27, 2020, the deadline for his second

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amended habeas petition, Santacruz filed a motion to stay this case alleging that due to the current

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COVID-19 pandemic, his counsel is unable to conduct the necessary investigation to file the

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amended petition. ECF No. 21. In responding to the motion, Respondents indicate they do not

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oppose a limited stay, but object to delaying this proceeding indefinitely. ECF No. 22.

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The Court finds that Santacruz has shown good cause to stay this action until it is possible

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for his counsel to conduct an adequate investigation in support of his forthcoming second amended

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habeas petition. The Court will grant the motion to stay and stay proceedings until such conditions,

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with respect to the pandemic, allow Santacruz’s counsel to conduct the investigation necessary to

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file a second amended petition. See Ryan v. Gonzales, 568 U.S. 57, 74 (2013) (“[T]he decision to

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grant a stay, like the decision to grant an evidentiary hearing, is generally left to the sound

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Case 2:20-cv-00847-RFB-BNW Document 23 Filed 11/16/20 Page 2 of 2

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discretion of district courts.’” (citation omitted)). The Court will require, however, periodic status

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reports from Santacruz during the stay.

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IT IS THEREFORE ORDERED that Petitioner’s motion to stay (ECF No. 21) is

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GRANTED. This action is STAYED. The Clerk of the Court is directed to update the docket to

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reflect the stay of this case and close this case administratively.

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IT IS FURTHER ORDERED that Petitioner shall file a status report by May 15, 2021, and

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then every six months thereafter (i.e., by November 15, 2021, May 15, 2022, etc.), informing the

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court of his position regarding whether the stay should remain in place. Respondents may respond

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to any such status report within 20 days; Petitioner may then reply within 10 days.

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IT IS FURTHER ORDERED that either Petitioner or Respondents may file a motion at
any time to lift the stay based on changed circumstances.
Dated: November 16, 2020.

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RICHARD F. BOULWARE, II
U.S. District Judge

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