United States District Court, D. Nevada
P. GORDON, UNITED STATES DISTRICT JUDGE
counseled, first-amended petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254 is before the court on
respondents' motion to dismiss (ECF No. 25). Petitioner
Jim Bass Holden opposed (ECF No. 29), and respondents replied
(ECF No. 30).
History & Background
11, 2006, a jury convicted Holden of count 1: burglary while
in possession of a firearm; count 2: conspiracy to commit
murder; count 3: extortionate collection of debt; and count
4: first-degree murder with use of a deadly weapon (exhibit
The state district court sentenced Holden as follows: count 1
- 24 to 120 months; count 2 - 24 to 120 months, concurrent
with count 1; count 3 - 21 to 48 months, concurrent with
counts 1 and 2; count 4 - life without the possibility of
parole plus an equal and consecutive term of life without the
possibility of parole for use of the deadly weapon,
concurrent with counts 1, 2, and 3 and consecutive to case
nos. C202943 and C214716. Exh. 1. Judgment of
conviction was entered on June 15, 2006. Id.
Nevada Supreme Court affirmed the convictions on October 17,
2007, and remittitur issued on June 2, 2004. Exhs 17, 69.
filed a state postconviction habeas corpus petition, and the
state district court appointed counsel. Exhs. 71, 73. The
state district court conducted an evidentiary hearing and
subsequently denied the petition. Exhs. 75-78. The Nevada
Supreme Court affirmed the denial on May 13, 2014, and
remittitur issued on June 24, 2014. Exhs. 23, 85. Holden
filed a second state postconviction petition, which the
Nevada Supreme Court denied on June 10, 2015. Case No. 65331.
Remittitur issued on July 6, 2015. Id.
dispatched his federal habeas petition for filing on May 27,
2014 (ECF No. 7). The court appointed counsel, and Holden
filed a counseled, first-amended petition (ECF No. 16). On
April 13, 2015, the court granted Holden's motion for a
stay pending final resolution of his state-court proceedings
(ECF No. 17). On February 3, 2017, the court granted
Holden's motion to reopen the case (ECF No. 23).
now argue that several grounds are subject to dismissal as
unexhausted (ECF No. 25).
Standards & Analysis
prisoners seeking federal habeas relief must comply with the
exhaustion rule codified in § 2254(b)(1):
An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court
shall not be granted unless it appears that -
(A) The applicant has exhausted the remedies available in the