Manley v. Warden et al

Filing 95

ORDER staying this action pending the decision in Jones v. Mississippi, 140 S. Ct. 1293 (2020), or until further order of the Court. Signed by Judge Howard D. McKibben on 11/2/2020. (Copies have been distributed pursuant to the NEF - KR)

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Case 3:11-cv-00354-HDM-WGC Document 95 Filed 11/02/20 Page 1 of 2 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 GILES MANLEY, Case No. 3:11-cv-00354-HDM-WGC 10 Petitioner, v. 11 12 13 ORDER WARDEN; DIRECTOR OF NEVADA DEPARTMENT OF CORRECTIONS, et al., Respondents. 14 15 This is a counseled petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254 filed by Giles Manley, who is serving, 17 among other sentences, multiple sentences of life without the 18 possibility of parole for crimes he committed at the age of 16. 19 In his fifth ground for relief, Manley alleges that his 20 sentences of life without the possibility of parole constitute 21 cruel 22 Fourteenth Amendments. There is currently pending before the U.S. 23 Supreme Court a case that could provide further guidance relevant 24 to Manley’s claim. See Jones v. Mississippi, 140 S. Ct. 1293 25 (2020). The court has concluded that, in the interests of justice, 26 a stay of these proceedings pending the decision in Jones is 27 appropriate. and unusual punishment in 28 1 violation of the Eighth and Case 3:11-cv-00354-HDM-WGC Document 95 Filed 11/02/20 Page 2 of 2 1 IT IS THEREFORE ORDERED that this action is hereby STAYED 2 pending the decision in Jones v. Mississippi, 140 S. Ct. 1293 3 (2020), or until further order of the court. 4 IT IS SO ORDERED. 5 DATED: This 2nd day of November, 2020. 6 7 8 ____________________________ UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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