Opinion
3:22-cv-00031-JAD-CSD
11-09-2022
William Keck, Petitioner, v. William Reubart, et al, Respondents.
Rene L. Valladares Federal Public Defender Randolph M. Fiedler Assistant Federal Public Defender Aaron Ford Nevada Attorney General Heather D. Procter Chief Deputy Attorney General
Rene L. Valladares Federal Public Defender Randolph M. Fiedler Assistant Federal Public Defender
Aaron Ford Nevada Attorney General Heather D. Procter Chief Deputy Attorney General
STIPULATION AND ORDER TO STAY FEDERAL PROCEEDINGS PENDING EXHAUSTION OF STATE REMEDIES
Jennifer A. Dorsey U.S. District Judge
STIPULATION
Petitioner William Keck, through counsel Randolph Fiedler, Assistant Federal Public Defender, and Respondent William Reubart, et al, through counsel Heather Procter, Chief Deputy Attorney General, hereby stipulate as follows:
• On September 19, 2022, Mr. Keck filed a timely Amended Petition for Writ for Habeas Corpus in this Court. See ECF No. 13. In his amended petition Mr. Keck identified several unexhausted claims. Id. at 19-20.
• On November 1, 2022, Mr. Keck filed his second habeas petition in the Eighth Judicial District of Nevada. This petition was filed to exhaust any unexhausted claims raised in his federal habeas corpus proceedings.
• The parties agree that the federal proceedings should be stayed pending the conclusion of the state exhaustion proceeding.
• The parties agree that the exhaustion proceeding includes any appeal to the Nevada Supreme Court following resolution of the petition in the state district court, and that the proceeding is concluded once remittitur issues from that appeal.
• The parties agree that Mr. Keck will file a status report regarding the progress of the exhaustion proceeding on December 15, 2022, and every six months thereafter until the proceeding is concluded. Respondents may, if necessary, file and serve a response to any such status report
within 15 days after its service. If necessary, Mr. Keck may then file a reply within 15 days of service of the response.
• The parties agree that Mr. Keck will file a motion to reopen the federal proceeding within thirty days of the conclusion of the state exhaustion proceeding.
• The parties agree that Respondents do not, by stipulating to the instant stay, intend to waive any procedural defenses. By agreeing to this procedure, Respondents do not concede that Mr. Keck's post-exhaustion petition will be considered fully exhausted, timely, or free from procedural default.
ORDER
Based on the parties' stipulation [ECF No. 25] and good cause appearing, IT IS SO ORDERED. This action is STAYED pending exhaustion. The Clerk of Court is directed to administratively close this case.