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)

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