Solander v. Reubart ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Janet Solander, Case No.: 2:22-cv-01790-JAD-NJK 4 Petitioner 5 v. Order Granting Motion for Stay 6 William Reubart, et al., [ECF No. 34] 7 Respondents 8 9 In this habeas corpus action, the Court appointed counsel for Petitioner Janet Solander,1 10 and with appointed counsel Solander filed a first amended habeas petition2 and subsequently a 11 second amended habeas petition.3 The respondents were due to file an answer or other response 12 to the second amended petition by July 12, 2024,4 but on June 24, 2024, Solander filed a motion 13 to stay,5 explaining that she is currently litigating an action in state court, in which she will 14 exhaust state court remedies with regard to claims she asserts in this case.6 Solander represents 15 that the respondents do not oppose her motion for stay.7 Any response to the motion for stay 16 was due on July 8, 2024;8 the respondents filed none. 17 18 1 ECF No. 3. 19 2 ECF No. 11. 20 3 ECF No. 27. 4 ECF No. 33. 21 5 ECF No. 34. 22 6 Id. 7 Id. 23 8 See LR 7-2(b) (14 days for response). ] Based on the representations in Solander’s motion, and given that the respondents did not 2|| respond,’ I grant the motion and stay this action pending the conclusion of Solander’s state-court action. ° 4 IT IS THEREFORE ORDERED that Petitioner’s Motion for Stay (ECF No. 34) is 5] GRANTED. This action is STAYED while petitioner completes her pending state-court action. 6|| Petitioner must file a motion to lift the stay of this action within 30 days of that completion or this case may be dismissed. 8 The Clerk of the Court is directed to ADMINISTRATIVELY CLOSE this case. 9 1] July 10, 2024 12 13 14 15 16 17 18 19 20 21 2 See LR 7-2(d) (“The failure of an opposing party to file points and authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes consent to the granting of the motion.”) 10 See Rhines v. Weber, 544 U.S. 269 (2005).