Aparicio v. McDaniel et al

Filing 142

ORDERED that petitioner's Motion to hold in contempt (ECF No. 141 ) is DENIED. Signed by Judge Larry R. Hicks on 2/7/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 HUGO APARICIO, 9 Case No. 3:07-cv-00427-LRH-VPC Petitioner, ORDER v. 10 E.K. MCDANIEL, et al., 11 Respondents. 12 13 On March 30, 2012, this court dismissed petitioner Hugo Aparicio’s counseled 14 habeas corpus petition with prejudice as untimely, and judgment was entered (ECF 15 Nos. 117, 118). The Ninth Circuit Court of Appeals affirmed, and the United States 16 Supreme Court denied Aparicio’s petition for a writ of certiorari on May 27, 2014 (ECF 17 Nos. 127, 134, 139). Almost two years later, petitioner filed a motion to hold his first 18 former counsel in contempt; petitioner alleges that his first former counsel did not turn 19 over his entire file to his second former counsel (ECF No. 141). Nothing in the record 20 indicates that second former counsel lacked Aparicio’s file and/or any needed 21 documents or records. Moreover, this action is closed, and the court has no jurisdiction 22 to consider this motion. 23 24 25 IT IS THEREFORE ORDERED that petitioner’s motion to hold in contempt (ECF No. 141) is DENIED. DATED this 7th day of February, 2017. 26 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 27 28 1

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