Andrew J. Johnston v. B. Hudson, Warden

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA Andrew J. Johnston, No. CV-25-0164-TUC-SHR (EJM) 10 Petitioner, ORDER v. B. Hudson, Warden, 13 Respondent.

14 On October 22, 2025, this Court issued its Order (Doc. 17) staying the instant case pending resolution of Johnston v. Gutierrez, No. CV-24-00005-TUC-SHR. The stay remains in effect.

17 On December 1, 2025, Petitioner filed a Motion for Expedited Summary Judgment Under Fed. R. Civ. P. 56 (Doc. 18) and a Statement of Facts (Doc. 19). On December 8, 2025, Petitioner filed a Notice of Citation to Additional Authority (Doc 20) indicating that he “discovered . . . Woolsey v. Washington, 2025 U.S. Dist. LEXIS 174474 (Midd.

21 D. Ala. Sept. 8, 2025)[.]”

22 The stay in the instant case was enacted because final resolution of the Report and Recommendation by the District Judge in Johnston v. Gutierrez, No. CV-24-00005-TUC- SHR, may moot or otherwise resolve the issues raised here. Order 10/22/2025 (Doc. 17) at 1. Once the stay is lifted, Respondent will file his response to Petitioner’s § 2241 Petition (Doc. 1) and Petitioner will have the opportunity to reply. See Order 8/19/2025 (Doc. 8) at 4.

28 A “stay” is defined as “[t]he postponement or halting of a proceeding[.]” Stay, Black’s Law Dictionary (12th ed. 2024). Because this case is halted, Petitioner’s filings || are improper. Additionally, the Court has warned Petitioner that the filing of a separate || “Notice of Additional Authority must relate to binding authority on this Court, e.g., from the Ninth Circuit Court of Appeals or the Supreme Court of the United States. See Fed. R. Civ. P. 11(b) (requiring filings to be “warranted by existing law or by a nonfrivolous 6|| argument for extending, modifying, or reversing existing law or for establishing new 7\| law’).” Order 10/22/2025 (Doc. 17) at 3. If Petitioner believes Woolsey is an important || case for resolution of his Petition (Doc. 1), he will have to opportunity to cite to it in his Reply.

10 Accordingly, IT IS HEREBY ORDERED that the following documents shall be |} STRUCK from the record for the reasons stated herein: 12 1) Petitioner’s Motion for Expedited Summary Judgment Under Fed. R. Civ. P. 13 56 (Doc. 18); 14 2) Petitioner’s Statement of Facts (Doc. 19); and 15 3) Petitioner’s Notice of Citation to Additional Authority (Doc 20) 17 Dated this 11th day of December, 2025.

19 ae Enric J. Makovich 20 United States Magistrate Judge _2-