Bolin v. McDaniel et al

Filing 263

ORDER - Bolin has 60 days from the date this order is entered to file a renewed motion for stay and abeyance (7/20/2021). The Clerk of Court is directed to reopen this case. Signed by Chief Judge Miranda M. Du on 5/21/2021. Case reopened. (Copies have been distributed pursuant to the NEF - SC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GREGORY BOLIN,

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Petitioner,
v.

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Case No. 3:07-00481-MMD-CLB
ORDER

CALVIN JOHNSON,1 et al.,

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Respondents.

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On April 26, 2021, the United States Court of Appeals for the Ninth Circuit issued

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a decision concluding that this Court applied the incorrect standard in denying Petitioner

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Bolin’s motion for stay and abeyance under Rhines v. Weber, 544 U.S. 269 (2005). (ECF

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No. 259.) As a result, the Ninth Circuit reversed and remanded for this Court “to apply the

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proper standard in ruling on Bolin’s Rhines motion.” (Id. at 9.)

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As discussed in the decision, this Court denied Bolin’s stay request without the

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benefit of subsequent case law providing guidance as to the proper standard. (Id. at 7-9

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(first citing Blake v. Baker, 745 F.3d 977 (9th Cir. 2014), and then citing Dixon v. Baker,

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847 F.3d 714 (9th Cir. 2017).) Consequently, the Court will allow the parties to update

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their arguments considering the current case law governing the application of Rhines.

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///

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on a Nevada Department of Corrections Inmate Search
(https://ofdsearch.doc.nv.gov/form.php), Petitioner Bolin is currently housed at High
Desert State Prison. Thus, the warden of that facility, Calvin Johnson, is substituted for
Renee Baker as the primary Respondent. See Rumsfeld v. Padilla, 542 U.S. 426, 435
(2004) (noting that the default rule is that the proper respondent is the warden of the
facility where the prisoner is being held).

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It is therefore ordered that Bolin has 60 days from the date this order is entered to
file a renewed motion for stay and abeyance.
It is further ordered that Respondents will have 60 days following service of the
motion to file a response. Bolin will thereafter have 30 days to file a reply.

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The Clerk of Court is directed to reopen this case.

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DATED THIS 21st Day of May 2021.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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