Leslie v. McDaniel, Warden et al

Filing 22

ORDER granting 21 Motion to Stay.; granting 18 Motion to Stay. See order for specifics. Clerk shall administratively close this action at this time. Signed by Judge Edward C. Reed, Jr on 03/03/09. (Copies have been distributed pursuant to the NEF - LG)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner has submitted two Motions for Stay and Abeyance (#18, #21), pending the outcome of his state court proceedings. Respondents do not oppose Petitioner's request (#20). Good cause appearing; IT IS THEREFORE ORDERED that Petitioner's Motions for Stay and Abeyance (#18, #21) are GRANTED. IT IS FURTHER ORDERED that this action is STAYED pending exhaustion of the unexhausted claims. Petitioner shall return to this Court with a motion to reopen within sixty (60) 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 matter and seek any relief appropriate under the circumstances. /// /// /// /// vs. E. K. MCDANIEL, et al., Respondents. WILBERT LESLIE, Petitioner, Case No. 3:08-CV-00453-ECR-(VPC) ORDER UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT FURTHER IS ORDERED that the Clerk of Court shall administratively close this action until such time as the Court grants a motion to reopen the matter. DATED: March 3, 2009 _________________________________ EDWARD C. REED United States District Judge -2-

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