Rosaschi v. Wickham et al

Filing 25

ORDER that Petitioner's unopposed motion for extension of time to file motion to reopen (ECF No. 23 ) is granted; Clerk directed to reopen this case and lift the stay; Petitioner's motion to voluntarily dismiss petition for writ of habeas corpus (ECF No. 24 ) is granted; this action is dismissed without prejudice; Clerk instructed to enter judgment accordingly and close this action. Signed by Judge Miranda M. Du on 6/18/2019. (Copies have been distributed pursuant to the NEF - LH)

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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,

Case No. 3:16-cv-00443-MMD-WGC
Petitioner,

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ORDER

v.
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HAROLD WICKHAM, et al.,
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Respondents.
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Petitioner has filed an unopposed motion for extension of time to file motion to

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reopen (ECF No. 23) and a motion to voluntarily dismiss petition for writ of habeas corpus

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(ECF No. 24). Respondents have not responded to the latter motion, and the Court

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assumes that Respondents do not oppose it. LR 7-2(d). The Court will grant Petitioner's

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motions. The dismissal will be without prejudice. See Fed. R. Civ. P. 41(a)(1)(B) and

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41(a)(2). However, the Court makes no statement about the applicability of any procedural

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defenses if Petitioner files another habeas corpus petition that challenges his custody

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under the same judgment of conviction.

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It is therefore ordered that Petitioner's unopposed motion for extension of time to
file motion to reopen (ECF No. 23) is granted.

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It is further ordered that the Clerk of the Court reopen this case and lift the stay.

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It is further ordered that Petitioner's motion to voluntarily dismiss petition for writ of

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habeas corpus (ECF No. 24) is granted. This action is dismissed without prejudice. The

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Clerk of the Court is instructed to enter judgment accordingly and close this action.

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DATED THIS 18th day of June 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE