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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAMIE ROSASCHI,

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Case No. 3:16-cv-00442-MMD-VPC
Petitioner,

ORDER

v.
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HAROLD WICKHAM, et al.,
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Respondents.
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Before the Court are petitioner Jamie Rosaschi’s motion to stay proceedings

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pending decisions in related cases (ECF No. 13), respondents’ opposition (ECF No. 14),

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and petitioner’s reply (ECF No. 15).

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Petitioner has two habeas corpus actions under 28 U.S.C. § 2254 pending in this

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court: this action and 3:16-cv-00443-MMD-WGC. The Federal Public Defender

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represents Rosaschi in both cases. This Court previously granted petitioner’s motion to

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stay the other case pending the conclusion of his state-court litigation regarding how the

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Nevada Department of Corrections has structured his sentences. As this Court stated in

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granting the stay in case no. 443, if petitioner does not receive relief in state court he

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might want to present the sentence structure claim to this Court. Accordingly, in the

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interest of avoiding piecemeal litigation, the Court will stay this action as well.

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It is therefore ordered that petitioner’s motion to stay proceedings (ECF No. 13) is

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granted. This action is stayed pending conclusion of petitioner’s postconviction

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proceedings in the state courts. Petitioner must return to this Court with a motion to

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reopen within forty-five (45) days of issuance of the remittitur by the Nevada Supreme

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Court at the conclusion of the state court proceedings. Further, petitioner or respondents

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otherwise may move to reopen the action and seek any relief appropriate under the

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circumstances.

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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.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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