Eubanks v. Baker et al

Filing 51

ORDER that Petitioner's motion for stay and abeyance (ECF No. 48 ) is granted; this action is stayed pending exhaustion of Petitioner's unexhausted claims; the grant of a stay is conditioned upon Petitioner returning to this Court with a motion to reopen within 45 days of issuance of the remittitur by the Supreme Court of Nevada at the conclusion of the state court proceedings; Respondents' motion to dismiss (ECF No. 45 ) is denied without prejudice; all pending m otions for extension of time (ECF Nos. 44 , 46 , and 49 ) are granted nunc pro tunc as of their respective filing dates; Clerk directed to administratively close this action, until such time as the Court grants a motion to reopen the matter. Signed by Judge Miranda M. Du on 8/28/2018. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 CHARLES EUBANKS, 10 Petitioner, ORDER v. 11 12 Case No. 3:16-cv-00336-MMD-WGC RENEE BAKER, et al., 13 Respondents. 14 15 On February 7, 2018, Respondents filed a motion to dismiss the habeas petition 16 in this case, claiming, among other things, that several claims in the Petition are 17 unexhausted. (ECF No. 45.) In response, Petitioner filed a motion for stay and abeyance, 18 conceding that the Petition contains unexhausted claims and notifying the Court that he 19 initiated a state proceeding on November 3, 2017, for the purpose of presenting his 20 unexhausted claims to the state courts. (ECF No. 48.) 21 Without conceding that Petitioner meets the requirements for stay and abeyance, 22 Respondents “agree that this Court’s interests in judicial economy, and state interests in 23 comity, would be best served by allowing the state courts to have the first opportunity to 24 address Eubanks’s unexhausted claims for relief.” (ECF No. 50). See Rhines v. Weber, 25 544 U.S. 269, 277 (2005) (outlining requirements for stay and abeyance in habeas 26 cases). 27 This Court has the inherent power to control its docket and the disposition of its 28 cases with economy of time and effort for both the Court and the parties. See Ferdik v. 1 Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). Under the circumstances present here, 2 the Court will exercise its discretion to grant a stay. 3 4 It is therefore ordered that Petitioner's motion for stay and abeyance (ECF No. 48) is granted. This action is stayed pending exhaustion of Petitioner’s unexhausted claims. 5 It is further ordered that the grant of a stay is conditioned upon Petitioner returning 6 to this Court with a motion to reopen within forty-five (45) days of issuance of the remittitur 7 by the Supreme Court of Nevada at the conclusion of the state court proceedings. 8 9 10 11 12 13 14 It is further ordered that Respondents’ motion to dismiss (ECF No. 45) is denied without prejudice. It is further ordered that all pending motions for extension of time (ECF Nos. 44, 46, and 49) are granted nunc pro tunc as of their respective filing dates. It is further ordered that the Clerk administratively close this action, until such time as the Court grants a motion to reopen the matter. DATED THIS 28th day of August 2018. 15 16 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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