Blake v. Baker et al

Filing 120

ORDER reversing 87 Order Dismissing Case and 88 Judgment. Petitioner shall have 10 days to file report of efforts to exhaust state court remedies for unexhausted claims. Respondents shall have 7 days from the date that report is filed to file response. Clerk shall administratively re-open proceedings herein. Case reopened. Signed by Judge Robert C. Jones on 10/16/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALFONSO MANUEL BLAKE,

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Petitioner,

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vs.

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RENEE BAKER, et al.,

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Respondents.

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3:09-cv-00327-RCJ-WGC
ORDER

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On March 14, 2014, the United States Court of Appeals for the Ninth Circuit Court reversed

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this court’s judgment dismissing Blake’s habeas petition and remanded the case with instructions to

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grant Blake’s request for stay and abeyance. ECF No. 114. Pursuant to Fed. R. App. P. 41(d)(2), the

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court of appeals stayed issuance of its mandate pending the Supreme Court’s disposition of the

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respondents’ petition for writ of certiorari. ECF No. 115. With respondents’ petition having been

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denied on October 6, 2014, the court of appeals has now issued its mandate. ECF Nos. 117/118.

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The purpose of Blake’s request for stay and abeyance was to allow him to pursue exhaustion

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of his state court remedies. This court notes that, on July 30, 2014, the Nevada Supreme Court

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issued a decision affirming the lower state court’s denial of Blake’s post-conviction petition for a

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writ of habeas corpus. Blake v. McDaniel, 59263, 2014 WL 3784125 (Nev. July 30, 2014). Thus,

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prior to complying with Ninth Circuit’s instructions to grant stay and abeyance, the court shall direct

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Blake to submit a status report as to whether he has completed exhaustion of his state court

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remedies.
IT IS THEREFORE ORDERED that, pursuant to the order of the United States Court

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of Appeals for the Ninth Circuit (ECF No. 114), the order and judgment dismissing Blake’s habeas

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petition (ECF Nos. 87/88) are REVERSED.

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IT IS FURTHER ORDERED that petitioner shall have ten (10) days from the date this

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order is entered to file a report as to current status of his efforts to exhaust state court remedies for

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his unexhausted claims. The respondents shall have seven (7) days from the date that report is filed

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to file a response, should they deem it necessary.

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IT IS FURTHER ORDERED that the Clerk of the Court shall administratively re-open the
proceedings herein.
DATED: October 16, 2014.

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_________________________________________
UNITED STATES DISTRICT JUDGE

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