JOSE L. ECHAVARRIA V. E.K. MCDANIEL, ET AL.

Filing 133

ORDERED that P's # 132 Motion to Vacate Stay and Reopen Capital Habeas Corpus Proceeding is GRANTED. The stay of this action is lifted. IT IS FURTHER ORDERED that a telephonic status conference is set forAugust 24, 2011, at 10:30 a.m. Signed by Judge Roger L. Hunt on 7/12/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSE L. ECHAVARRIA,

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Petitioner,

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vs.

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E.K. McDANIEL, et al.,

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Respondents.

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3:98-cv-0202-RLH-VPC
ORDER

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This capital habeas corpus action was stayed, in an order entered March 26, 2007 (docket
#118), pending petitioner’s exhaustion of claims in state court.

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On June 15, 2011, the petitioner filed a motion to lift the stay (docket #132). In that motion,

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petitioner states that the state-court proceedings have concluded. Respondents did not respond to

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that motion. The court will grant petitioner’s motion to lift the stay of this action, and will reopen

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this action.

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The court will set a status conference to hear from counsel with respect to a schedule for

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anticipated further proceedings.

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IT IS THEREFORE ORDERED that petitioner’s Motion to Vacate Stay and Reopen
Capital Habeas Corpus Proceeding (docket #132) is GRANTED. The stay of this action is lifted.

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IT IS FURTHER ORDERED that a telephonic status conference is set for

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August 24, 2011, at 10:30 a.m., to hear from counsel with respect to a schedule for further

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proceedings in this action. At the time set for the conference, to join the conference, counsel shall

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call 702-868-4908, and use the code 123456. If there is any question about this procedure, counsel

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may call Kandy Capozzi, at 702-464-5432, in advance of the conference.

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Dated this

12th

day of July, 2011.

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UNITED STATES DISTRICT JUDGE

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