Rosaschi v. Wickham et al

Filing 16

ORDER granting ECF No. 13 motion to stay proceedings; action stayed pending conclusion of postconviction proceedings in state court; Clerk directed to administratively close this action until the Court grants a motion to reopen the action. Signed by Judge Miranda M. Du on 4/12/2018. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 JAMIE ROSASCHI, 10 Case No. 3:16-cv-00442-MMD-VPC Petitioner, ORDER v. 11 HAROLD WICKHAM, et al., 12 Respondents. 13 14 Before the Court are petitioner Jamie Rosaschi’s motion to stay proceedings 15 pending decisions in related cases (ECF No. 13), respondents’ opposition (ECF No. 14), 16 and petitioner’s reply (ECF No. 15). 17 Petitioner has two habeas corpus actions under 28 U.S.C. § 2254 pending in this 18 court: this action and 3:16-cv-00443-MMD-WGC. The Federal Public Defender 19 represents Rosaschi in both cases. This Court previously granted petitioner’s motion to 20 stay the other case pending the conclusion of his state-court litigation regarding how the 21 Nevada Department of Corrections has structured his sentences. As this Court stated in 22 granting the stay in case no. 443, if petitioner does not receive relief in state court he 23 might want to present the sentence structure claim to this Court. Accordingly, in the 24 interest of avoiding piecemeal litigation, the Court will stay this action as well. 25 It is therefore ordered that petitioner’s motion to stay proceedings (ECF No. 13) is 26 granted. This action is stayed pending conclusion of petitioner’s postconviction 27 proceedings in the state courts. Petitioner must return to this Court with a motion to 28 reopen within forty-five (45) days of issuance of the remittitur by the Nevada Supreme 1 Court at the conclusion of the state court proceedings. Further, petitioner or respondents 2 otherwise may move to reopen the action and seek any relief appropriate under the 3 circumstances. 4 5 6 It is further ordered that the Clerk of Court shall administratively close this action until such time as the Court grants a motion to reopen the action. DATED THIS 12th day of April 2018. 7 8 MIRANDA M. DU 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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