DAVID BOLLINGER v. E.K. MCDANIEL, et al.
| 2:1998cv01263 |
| September 9, 1998 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Roger L. Hunt |
| Peggy A. Leen |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
360
ORDER Denying 337 Motion to Amend/Correct and 339 Motion for Judgment. It is further ordered that Petitioner is denied a certificate of appealability relative to the rulings in this order as jurists of reason would not find the ruling s herein to be debatable or wrong. It is further ordered that the Clerk of Court is directed to send a copy of this order to the Ninth Circuit Court of Appeals, with reference to Case No. 15-99007 in that court. Signed by Chief Judge Miranda M. Du on 6/12/2023.(Copies have been distributed pursuant to the NEF - CC: E-mailed Ninth Circuit Court of Appeals. ALZ)
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Filing
357
ORDER - It is ordered that Respondents' Motions for Enlargement of Time (ECF Nos. 353 , 354 ) are granted. Petitioner will have until 6/16/2023 to file replies in support of his motion to amend judgment (ECF No. 337 ), and motion for relief from judgment (ECF No. 339 ). Signed by Chief Judge Miranda M. Du on 5/16/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
352
ORDER granting ECF Nos. 350 , 351 Motions to Extend Time : Responses to ECF Nos. 337 , 339 Motions are due by 5/12/2023. Signed by Chief Judge Miranda M. Du on 5/5/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
346
ORDER granting ECF Nos. 344 , 345 Motions to Extend Time. Response to ECF No. 337 Motion to alter or amend judgment and ECF No. 339 Motion for relief from judgment due by 5/5/2023. Signed by Chief Judge Miranda M. Du on 4/10/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
331
ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 330 ) is granted. Respondents will have until and including January 12, 2023, to file their response to Petitioner's reply (ECF No. 327 ) to their amended supplemental answer (ECF No. 323 ). Signed by Chief Judge Miranda M. Du on 1/6/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
329
ORDER - Respondents' Motion for Enlargement of Time (ECF No. 328 ) is granted. Respondents will have until and including January 5, 2023, to file their response to Petitioners reply (ECF No. 327 ) to their amended supplemental answer (ECF No. 323 ). Signed by Chief Judge Miranda M. Du on 11/16/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
325
ORDERED that Bollinger's motion for extension of time (ECF No. 324 ) is granted. Petitioner will have until and including October 21, 2022, to file his reply to Respondents' amended supplemental answer (ECF No. 323 ). Signed by Chief Judge Miranda M. Du on 9/23/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
322
ORDER - On May 23, 2022, the United States Supreme Court decided Shinn v. Ramirez, S.Ct., Case No. 20-1009, 2022 WL 1611786 (May 23, 2022). The Court determines that Shinn may affect the parties positions. The Court will, therefore, or der the parties to amend their supplemental answer, reply, and response to reply, to address any effects of Shinn. Respondents will have 60 days from the date of this order (7/23/2022) to file an amended supplemental answer, responding t o Petitioner David Bollinger's Claim 7D. Petitioner will then have 60 days to file a reply to Respondents' amended supplemental answer. Respondents will then have 30 days to file a response to Bollinger's reply to their amended suppl emental answer. Reubart is substituted for William Gittere as the respondent warden. Clerk is directed to update the docket to reflect this substitution. Signed by Chief Judge Miranda M. Du on 5/24/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
319
ORDER that Respondents' motion for enlargement of time (ECF No. 318 ) is granted. Respondents will have until and including April 13, 2022, to file their response to Petitioner's reply (ECF No. 310 ). In all other respects, the schedule for further proceedings set forth in the order entered March 31, 2020 (ECF No. 292 ) will remain in effect. Signed by Chief Judge Miranda M. Du on 3/31/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
317
ORDER - Respondents' motion for enlargement of time (third request) (ECF No. 316 ) is granted. Respondents will have until and including March 30, 2022, to file their response to Petitioner's reply (ECF No. 310 ). In all other respects, the schedule for further proceedings set forth in the order entered March 31, 2020 (ECF No. 292 ) will remain in effect. Signed by Chief Judge Miranda M. Du on 3/22/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
315
ORDER granting ECF No. 314 Motion to Extend Time : Respondents will have until and including March 16, 2022, to file their response to Petitioner's reply (ECF No. 310 ). In all other respects, the schedule for further proceedings set forth in the order entered March 31, 2020 (ECF No. 292 ) will remain in effect. Signed by Chief Judge Miranda M. Du on 2/16/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
313
ORDER granting ECF No. 312 Motion to Extend Time. Respondents will have until and including February 14, 2022, to file their response to Bollinger's reply (ECF No. 310 ). In all other respects, the schedule for further proceedings set forth in the order entered March 31, 2020 (ECF No. 292 ) will remain in effect. Signed by Chief Judge Miranda M. Du on 12/17/2021. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
308
ORDER granting ECF No. 307 Motion to Extend Time. Respondents will have until and including August 31, 2021, to file their supplemental answer, responding to Petitioner David Bollinger's Claim 7D. In all other respects, the schedule for further proceedings set forth in the order entered March 31, 2020 (ECF No. 292 ) will remain in effect. Signed by Chief Judge Miranda M. Du on 8/30/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
302
ORDERED Respondents' Motion for Enlargement of Time (ECF No. 301 ) is granted. Respondents will have until and including July 30, 2021, to file their supplemental answer, responding to Petitioner David Bollinger's Claim 7D. In all other respects, the schedule for further proceedings set forth in the order entered March 31, 2020 (ECF No. 292 ) will remain in effect. Signed by Chief Judge Miranda M. Du on 7/19/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
300
ORDER granting ECF No. 299 Motion to Extend Time. Respondents will have until and including July 16, 2021, to file their supplemental answer, responding to Petitioner David Bollinger's Claim 7D. In all other respects, the schedule for further proceedings set forth in the order entered March 31, 2020 (ECF No. 292 ) will remain in effect Signed by Chief Judge Miranda M. Du on 6/2/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
298
ORDER - Respondents' Motion to Dismiss (ECF No. 293 ) is denied. Respondents will have 90 days from the date of this order to file a supplement to their answer, responding to Claim 7D. In all other respects, the schedule for further proceedings set forth in the order entered March 31, 2020 (ECF No. 292 ) will remain in effect. Signed by Chief Judge Miranda M. Du on 3/2/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
292
ORDER - Petitioner\'s motion to vacate stay and reopen capital habeas corpus proceeding (ECF No. 290 ) is granted. The stay of this action is lifted. The Clerk of the Court is directed to update the docket accordingly. It is fur ther ordered that the following schedule will govern further proceedings in this action: Respondents will have 90 days from the date of this order (6/29/2020) to file a supplemental answer or other response to Petitioners Claim 7(D); Reply due 60 days after filing of answer; Response to Reply due 45 days thereafter. (See pdf order for additional deadlines and specifics.) Signed by Chief Judge Miranda M. Du on 3/31/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
279
ORDER - Petitioner's motion for relief from judgment (ECF No. 270 ) is granted. The judgment entered in this action on March 5, 2015 (ECF No. 244 ) is vacated. This action will be reopened for adjudication of Petitioner 9;s Claim 7D, which is set forth in Petitioner's Supplement to Petition for Writ of Habeas Corpus (ECF No. 257 ). Clerk of Court is directed to administratively reopen this action. Petitioner's motion for leave to supplement peti tion (ECF No. 271 ) is granted. Petitioner's Third Amended Petition for Writ of Habeas Corpus (ECF No. 168 ) will be treated as amended to include Claim 7D, which is set forth in Petitioner's Supplement to Petition for Writ o f Habeas Corpus (ECF No. 257 ). Petitioner will have until 7/7/2019 to notify the Court, by means of a notice or motion, of his position regarding the exhaustion of Claim 7D and the question whether this case should be stayed pending completion o f the state court proceeding. Respondents will have 30 days to respond, then Petitioner will have 15 days to reply. Clerk of Court is directed to transmit a copy of this order to the Ninth Circuit Court of Appeals, with reference to Case No. 15-99007 in that court. (Ad hoc email (NEF) to USCA 9th Circuit on 6/7/2019.) Clerk of Court is directed to substitute Aaron D. Ford for Adam Paul Laxalt as the respondent Nevada Attorney General on the docket for this case. Signed by Judge Miranda M. Du on 6/7/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
275
ORDER granting 272 Motion to Extend Time : Responses (ECF Nos. 273 , 274 ) will be treated as timely filed. Petitioner's Replies re ECF Nos. 270 , 271 Motions due by 3/26/2019. Signed by Judge Miranda M. Du on 3/14/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
269
ORDER that Petitioner's Motion for Relief from Judgment (ECF No. 259 ) and Motion for Leave to Supplement Petition (ECF No. 256 ) are denied without prejudice for lack of jurisdiction. Signed by Judge Miranda M. Du on 12/13/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
266
ORDER that Respondents' Motion for Enlargement of Time (ECF No. 263 ) is granted. Respondents' responses to the motion for leave to supplement petition and the motion for relief from judgment (ECF Nos. 264 , 265 ) will be treated as timely filed. Signed by Judge Miranda M. Du on 10/30/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
250
ORDER granting 245 Motion to Substitute Party. Adam Paul Laxalt substituted for Catherine Cortez Masto (Attorney General); denying 246 Motion to Extend Time to file a Rule 59(3) Motion. Signed by Judge Miranda M. Du on 4/8/201. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
232
ORDER that 215 Motion to Dismiss is Granted in part and Denied in part. FURTHER ORDERED that 216 Motion for Summary Judgment is Denied. Signed by Judge Miranda M. Du on 12/20/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
154
ORDERED that the Court sets a schedule for further litigation of this action. (See Order for details). Signed by Judge Roger L. Hunt on 4/3/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
152
ORDER Granting 151 Motion to Vacate Stay and Reopen Capital Habeas Corpus Proceeding. FURTHER ORDERED that a Telephonic Status Conference is set for 4/3/2012 at 09:00 AM before Judge Roger L. Hunt. FURTHER ORDERED that the Clerk shall substitute R enee Baker for E.K. McDaniel, on the docket, as the respondent warden; and 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. Signed by Judge Roger L. Hunt on 3/12/12. (Copies have been distributed pursuant to the NEF - MMM)
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