Reynaldo Agavo v. Calvin Johnson

Agavo · United States District Court for the District of Nevada · January 13, 2026 · No. 2:13-cv-01741-JCM-DJA

Summary

The United States District Court for the District of Nevada granted Respondents’ unopposed motion for relief from judgment under Federal Rule of Civil Procedure 60(b). The court modified its prior conditional habeas judgment to extend the deadline for the State to comply with the writ, including by retrying Petitioner, until June 16, 2026. The extension was granted after the parties reached an agreement in principle for Petitioner to plead guilty and requested time for immigration counsel to review the plea agreement.

Holdings

  1. A district court may modify a conditional habeas writ and grant the State additional time to cure the constitutional deficiency even after the time prescribed in the conditional writ has lapsed.
  2. Relief from the judgment and an extension of the conditional-writ deadline were warranted under Rule 60(b) after consideration of the Pioneer factors and the absence of opposition from Petitioner.

Questions Presented

  1. Whether the court could modify its conditional habeas writ after the period originally prescribed by the writ had lapsed.
  2. Whether Respondents were entitled to relief from the judgment under Federal Rule of Civil Procedure 60(b) and an extension of the deadline for the State to comply with the conditional writ.

Disposition

other

Cases Cited (7)

  • Preiser v. Rodriguez, 411 U.S. 475, 484 (1973)(followed)
  • Wilkinson v. Dotson, 544 U.S. 74, 87, 89 (2005)(followed)
  • Herrera v. Collins, 506 U.S. 390, 403 (1993)(followed)
  • Harvest v. Castro, 531 F.3d 737, 742, 744-45 (9th Cir. 2008)(followed)
  • Gilmore v. Bertrand, 301 F.3d 581, 582-83 (7th Cir. 2002)(followed)
  • Stewart v. Dupnik, 243 F.3d 549, 549 (9th Cir. 2001)(followed)
  • Pioneer Invs. Servs. Co. v. Brunswick Assocs. Ltd., 507 U.S. 380, 392 (1993)(followed)

Cited In (0)

No citing cases on record yet.

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