John Bejarano vs. E.K. McDaniel, et al (DEATH PENALTY)
Case Number: 2:1998cv01016
Filed: July 13, 1998
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Robert J. Johnston
Presiding Judge: Philip M. Pro
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 23, 2020 Opinion or Order Filing 201 ORDER. IT IS ORDERED that 199 petitioner's motion for relief from judgment under Rule 60(b) is DENIED. Beyond the court's lack of jurisdiction to grant relief, the court concludes that the motion otherwise fails to establish grounds f or relief from judgment or raise a substantial issue sufficient to warrant remand. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge Gloria M. Navarro on 1/23/2020. (Copies have been distributed pursuant to the NEF - JQC)
March 22, 2016 Opinion or Order Filing 193 ORDER that 186 Bejarano's Motion for Clarification and Reconsideration is granted only to the extent that the foregoing clarifies this court's order of July 2, 2015. The motion is otherwise denied. Signed by Chief Judge Gloria M. Navarro on 3/22/16. (Copies have been distributed pursuant to the NEF - MMM)
September 1, 2015 Opinion or Order Filing 191 ORDER granting 189 Motion to Extend Time to Reply re 186 Motion for Clarification and Reconsideration. ( Replies due by 9/8/2015.) Signed by Chief Judge Gloria M. Navarro on 9/1/15. (Copies have been distributed pursuant to the NEF - MMM)
August 25, 2015 Opinion or Order Filing 190 MINUTE ORDER granting 184 Motion to Substitute Party. Catherine Cortez Masto is replaced by Adam Paul Laxalt. (Copies have been distributed pursuant to the NEF - JRB)
July 2, 2015 Opinion or Order Filing 185 ORDER re 176 USCA Order remanding this case for the limited purpose of deciding two specific issues. This court concludes that intervening law does not warrant reconsideration of either (1) Petitioner's appellate ineffective assistance of counsel claims or (2) Claim 2(A) (ineffective assistance of counsel at sentencing). Signed by Chief Judge Gloria M. Navarro on 7/2/15. (Copies have been distributed pursuant to the NEF - MMM)
September 26, 2011 Opinion or Order Filing 175 MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, on 9/26/2011. granting 174 Motion to Substitute Party. The Clerk of the Court shall substitute Renee Baker for E.K. McDaniel, on the docket, as the respondent warden; shall substitute Catherine Cortez Masto for Frankie Sue Del Papa, on the docket, as the respondent attorney general; and shall update the caption of the action to reflect these changes. (Copies have been distributed pursuant to the NEF - ECS)
September 1, 2010 Opinion or Order Filing 162 ORDER that Petitioner's Amended Petition for Writ of Habeas Corpus 106 is DENIED. A Certificate of Appealability is issued as to the following issues: (1) Whether this Court erred in denying Bejaranos request for an evidentiary hearing. (2) W hether Claim Two(A), alleging petitioners rights under the Sixth Amendment were violated as a result of trial counsels performance in the penalty phase of his trial, fails on the merits. Petitioners Motion for Reconsideration 158 is DENIED. Case terminated. Signed by Judge Philip M. Pro on 9/1/10. (Copies have been distributed pursuant to the NEF - ECS)
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