Middleton v. MCDANIEL et al

Filing 147

ORDER that petitioner's motion to continue stay and abeyance (ECF No. 139 ) is GRANTED; the stay in this proceeding shall remain in effect subject to the conditions set forth in ECF No. 115 Order. Signed by Judge Kent J. Dawson on 3/29/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DAVID STEPHEN MIDDLETON,

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Petitioner,
v.

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Case No. 3:09-cv-00638-KJD-WGC
ORDER

TIMOTHY FILSON, et al.,

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Respondents.

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On January 18, 2018, petitioner filed a motion to continue stay and abeyance. ECF

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No. 139. Petitioner asks the court to continue the stay of this habeas corpus proceeding

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pending his exhaustion of the claims contained in a state court post-conviction petition

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filed on August 18, 2014. Respondents have filed a response to the motion indicating that

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they do not oppose it. ECF No. 146.

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IT IS THEREFORE ORDERED that petitioner’s motion to continue stay and

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abeyance (ECF No. 139) is GRANTED. The stay in this proceeding shall remain in effect

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subject to the conditions set forth in this court’s order of September 19, 2011 (ECF No.

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115).

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March
DATED THIS ___ day of ________, 2018.

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KENT J. DAWSON
UNITED STATES DISTRICT JUDGE

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