Rosaschi v. Wickham et al

Filing 21

ORDER granting Petitioner's ECF No. 18 Motion to Partially Waive LR IA 10-3(e); granting Petitioner's ECF No. 16 Motion to Stay Proceedings Pending Decisions in Related Cases, staying action pending conclusion of post-conviction proceedings in the state courts; directing Clerk to administratively close this action. Signed by Judge Miranda M. Du on 7/14/2017. (Copies have been distributed pursuant to the NEF - KR)

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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-00443-MMD-WGC
Petitioner,

ORDER

v.
HAROLD WICKHAM, et al.,
Respondents.

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Before the Court are petitioner’s motion to stay proceedings pending decisions in

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related cases (ECF No. 16), respondents’ opposition (ECF No. 19), and petitioner’s reply

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(ECF No. 20). Although one of petitioner’s arguments for a stay has become moot, his

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other argument is a good reason to stay this action. The Court grants the motion.

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Petitioner’s first argument for a stay has become moot. He currently has pending

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in this Court two habeas corpus actions under 28 U.S.C. § 2254: this action and Rosaschi

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v. Wickham, Case No. 3:16-cv-00442-MMD-VPC. The Court appointed counsel to

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represent petitioner in this action. Counsel then asked to be appointed in the other action.

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Petitioner wanted the Court to stay this action until the Court ruled upon the request in

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the other action. On June 6, 2017, the Court appointed counsel to represent petitioner in

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the other action. The request to appoint counsel no longer is a reason to stay this action.

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Petitioner’s second argument is a good reason to stay this action. He currently is

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disputing in the state courts how the Nevada Department of Corrections has structured

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his sentences. The Court anticipates that if petitioner does not receive relief in the state

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courts, then he might want to present the sentence-structure claim to this Court. In the

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

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Petitioner also has filed a motion to partially waive Local Rule IA 10-3(e) (ECF No.
18), which the Court grants.
It is therefore ordered that petitioner’s motion to partially waive Local Rule IA 103(e) (ECF No. 18) is granted.

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It is further ordered that petitioner’s motion to stay proceedings pending decisions

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in related cases (ECF No. 16) is granted. This action is stayed pending conclusion of

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petitioner’s post-conviction proceedings in the state courts. Petitioner must return to this

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Court with a motion to reopen within forty-five (45) days of issuance of the remittitur by

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the Nevada Supreme Court at the conclusion of the state court proceedings. Further,

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petitioner or respondents otherwise may move to reopen the action and seek any relief

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appropriate under the circumstances.

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It is further ordered that the Clerk of Court will administratively close this action
until such time as the Court grants a motion to reopen the action.

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DATED THIS 14th day of July 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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