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