APARICIO v. McDANIEL

Case No. 3:07-cv-00427-LRH-VPC.

HUGO APARICIO, Petitioner, v. E.K. McDANIEL, et al., Respondents.

United States District Court, D. Nevada.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Hugo Aparicio, Petitioner, represented by Jeffrey S. Blanck , Jeffrey S. Blanck Attorney at Law.

E.K. McDaniel, Respondent, represented by Adam Woodrum , Woodrum Law LLC.

Nevada Attorney General, Respondent, represented by Adam Woodrum , Woodrum Law LLC.


ORDER

LARRY R. HICKS, District Judge.

On March 30, 2012, this court dismissed petitioner Hugo Aparicio's counseled habeas corpus petition with prejudice as untimely, and judgment was entered (ECF Nos. 117, 118). The Ninth Circuit Court of Appeals affirmed, and the United States Supreme Court denied Aparicio's petition for a writ of certiorari on May 27, 2014 (ECF Nos. 127, 134, 139). Almost two years later, petitioner filed a motion to hold his first former counsel in contempt; petitioner alleges that his first former counsel did not turn over his entire file to his second former counsel (ECF No. 141). Nothing in the record indicates that second former counsel lacked Aparicio's file and/or any needed documents or records. Moreover, this action is closed, and the court has no jurisdiction to consider this motion.

IT IS THEREFORE ORDERED that petitioner's motion to hold in contempt (ECF No. 141) is DENIED.


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