United States District Court, D. Nevada
habeas corpus action, on June 19, 2017, the petitioner,
Debaron Sanders, filed a motion for stay and abeyance (ECF
No. 45), requesting a stay of this action while he exhausts
in state court claims based on Roper v. Simmons, 543
U.S. 551 (2005); Graham v. Florida, 130 S.Ct. 2011
(2010); and Miller v. Alabama, 132 S.Ct. 2455
court held a status conference on this same date, June 19,
2017, regarding the matter of the preparation and filing of a
first amended petition for writ of habeas corpus on behalf of
Sanders by his counsel, William H. Gamage, and regarding
Gamage's further representation of Sanders in this case.
On account of Gamage's failure to file an amended
petition on Sanders' behalf, despite several extensions
of time to do so, the court will discharge Gamage, and will
appoint other counsel to represent Sanders.
motion for stay and abeyance is premature. The claims that
are the subject of the motion for stay and abeyance, based on
Roper, Graham, and Miller, have
not yet been pled in this case. Sanders has not yet filed an
amended petition in this case with the benefit of counsel.
Under these circumstances, the Court will not entertain a
motion for stay and abeyance at this time. The motion for
stay and abeyance will, therefore, be denied without
prejudice. Sanders may -- if his new counsel determines that
there are grounds for such a motion -- move for a stay and
abeyance to exhaust claims in state court after his new
counsel has appeared and after he has filed an amended
petition with the benefit of counsel.
THEREFORE ORDERED that William H. Gamage is discharged as
counsel for the petitioner in this action.
FURTHER ORDERED that petitioner's Motion for Stay and
Abeyance (ECF No. 45) is DENIED without prejudice.
FURTHER ORDERED that Mario Valencia (1055 Whitney Ranch Dr.,
Suite 220, Henderson NV 89014, 702-940-2222) is appointed to
represent the petitioner, Debaron Sanders, in this action.
FURTHER ORDERED that the clerk of the court shall serve
copies of this order on Mario Valencia, William H. Gamage,
and the petitioner, Debaron Sanders.
FURTHER ORDERED that Mario Valencia shall have 10 days from
the date of entry of this order to file a notice of
appearance for the petitioner, or to indicate to the court
his inability to represent the petitioner in these
FURTHER ORDERED that the following schedule shall govern the
further litigation of this action:
Amended Petition. If necessary, petitioner shall file and
serve an amended petition for writ of habeas corpus within 90
days after entry of this order. The amended petition shall
specifically state whether each ground for relief has been
exhausted in state court; for each claim that has been
exhausted in state court, the amended petition shall state
how, when, and where that occurred. If petitioner determines
that an amended petition need not be filed, then, within 90
days after entry of this order, petitioner shall file and
serve a statement to that effect.
Response to Petition. Respondents shall have 60 days
following service of the amended petition to file and serve
an answer or other response to the amended petition. If
petitioner does not file an amended petition, respondents
shall have 60 days following the due-date for the amended
petition to file and serve an answer or other response to
petitioner's original petition.
Reply and Response to Reply. Petitioner shall have 45 days
following service of an answer to file and serve a reply.
Respondents shall thereafter have 30 days following service
of a reply to file and serve a response to the reply.
Briefing of Motion to Dismiss. If respondents file a motion
to dismiss, petitioner shall have 45 days following service
of the motion to file and serve a response to the motion.
Respondents shall thereafter have 20 days following service
of the response to file and serve a reply.
Discovery. If petitioner wishes to move for leave to conduct
discovery, petitioner shall file and serve such motion
concurrently with, but separate from, the response to
respondents' motion to dismiss or the reply to
respondents' answer. Any motion for leave to conduct
discovery filed by petitioner before that time may be
considered premature, and may be denied, without prejudice,
on that basis. Respondents shall file and serve a response to
any such motion concurrently with, but separate from, their
reply in support of their motion to dismiss or their ...