Rosaschi v. Wickham et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:16-cv-00443-MMD-WGC
HAROLD WICKHAM, et al.,
Before the Court are petitioner’s motion to stay proceedings pending decisions in
related cases (ECF No. 16), respondents’ opposition (ECF No. 19), and petitioner’s reply
(ECF No. 20). Although one of petitioner’s arguments for a stay has become moot, his
other argument is a good reason to stay this action. The Court grants the motion.
Petitioner’s first argument for a stay has become moot. He currently has pending
in this Court two habeas corpus actions under 28 U.S.C. § 2254: this action and Rosaschi
v. Wickham, Case No. 3:16-cv-00442-MMD-VPC. The Court appointed counsel to
represent petitioner in this action. Counsel then asked to be appointed in the other action.
Petitioner wanted the Court to stay this action until the Court ruled upon the request in
the other action. On June 6, 2017, the Court appointed counsel to represent petitioner in
the other action. The request to appoint counsel no longer is a reason to stay this action.
Petitioner’s second argument is a good reason to stay this action. He currently is
disputing in the state courts how the Nevada Department of Corrections has structured
his sentences. The Court anticipates that if petitioner does not receive relief in the state
courts, then he might want to present the sentence-structure claim to this Court. In the
interest of avoiding piecemeal litigation, the Court will stay the action.
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.
It is further ordered that petitioner’s motion to stay proceedings pending decisions
in related cases (ECF No. 16) is granted. This action is stayed pending conclusion of
petitioner’s post-conviction proceedings in the state courts. Petitioner must return to this
Court with a motion to reopen within forty-five (45) days of issuance of the remittitur by
the Nevada Supreme Court at the conclusion of the state court proceedings. Further,
petitioner or respondents otherwise may move to reopen the action and seek any relief
appropriate under the circumstances.
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.
DATED THIS 14th day of July 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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