Rueda-Denvers v. Breitenbach

Opinion

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OMAR RUEDA-DENVERS, Case No. 3:25-cv-00109-MMD-CLB

Petitioner, ORDER v. NETHANJAH BREITENBACH, et al., Respondents. Through his counsel, the Federal Public Defender (“FPD”), Omar Rueda-Denvers asks the Court to stay his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 while he litigates his initial state post-conviction proceedings. (ECF No. 18 (“Motion”).) The Court grants the Motion. Rueda-Denvers mailed his federal petition to the Court in February 2025. (ECF No. 6.) Thereafter he filed his first state post-conviction petition in March 2025. This Court then appointed the FPD as his counsel in this case in April 2025. (ECF No. 5.) The FPD now moves for a stay of this case pending the completion of Rueda-Denvers’ state post- conviction proceedings. In Pace v. DiGuglielmo, the United States Supreme Court suggested that a petitioner with a premature federal petition may file a “protective” petition seeking to have the federal proceedings stayed until conclusion of the state proceedings. 544 U.S. 408, 416-17 (2005). Respondents, while noting that they do not waive any arguments regarding potential defenses, do not oppose a stay under these circumstances. (ECF No. 18 at 4.) Accordingly, the Court grants the Motion. It is therefore ordered that the Motion for a Stay and Abeyance (ECF No. 18) is granted. It is further ordered that this action is stayed pending final resolution of Petitioner’s state post-conviction habeas petition. 1 It is further ordered that the grant of a stay is conditioned upon Petitioner returning to federal court with a motion to reopen the case within 45 days of the issuance of the remittitur by the state appellate court at the conclusion of the state-court proceedings on the post-conviction habeas petition. The Clerk of Court is directed to administratively close this action, until such time as the Court grants a motion to reopen the matter. DATED THIS 18" Day of August 2025.

MIRANDAM.DU □□□□□ UNITED STATES DISTRICT JUDGE