William P. Castillo VS E.K. McDaniel. et al., (DEATH PENALTY)
Case Number: 2:2004cv00868
Filed: June 22, 2004
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: George W Foley
Presiding Judge: Robert C. Jones
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
September 20, 2022 Opinion or Order Filing 270 ORDERED that the Court declines to reconsider its rulings that Claims 1(II)(A), 1(II)(B), 3(I)(B), 3(I)(C), 3(II)(B), 4, 5, 17 and 19 of the second amended petition do not relate back to the original petition for purposes of application of the statut e of limitations, and that Claims 1(II)(A), 1(II)(B), 3(I)(C), 3(II)(B), 4 and 5 are barred under the procedural default doctrine. This order constitutes the final ruling of this Court on the limited remand of this case from the Ninth Circuit Court o f Appeals. IT IS FURTHER ORDERED that the Clerk of the Court is directed to transmit a copy of this order to the Ninth Circuit Court of Appeals. (Email (NEF) to 9th Circuit on 9/21/2022; Ref. USCA Case 19-99003.) IT IS FURTHER ORDERED that the Clerk of the Court is directed to administratively close this case. Signed by Judge Robert C. Jones on 9/20/2022. (Copies have been distributed pursuant to the NEF - DRM)
May 9, 2022 Opinion or Order Filing 267 ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 266 ) is GRANTED. Respondents will have until and including June 23, 2022, to file their responding brief on remand. The Court will not look favorably upon any fu rther motion to extend this deadline. IT IS FURTHER ORDERED that the Court will sua sponte extend the time for Petitioner to file his reply brief to 90 days after Respondents file their responding brief. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), William Reubart is substituted for William Gittere as the respondent warden, and Aaron D. Ford is substituted for Adam Paul Laxalt, as the respondent Nevada Attorney General. The Clerk of the Court is directed to update the docket to reflect these changes. Signed by Judge Robert C. Jones on 5/9/2022. (Copies have been distributed pursuant to the NEF - DRM)
March 25, 2022 Opinion or Order Filing 265 ORDER - Respondents' Motion for Enlargement of Time (ECF No. 264 ) is GRANTED. Respondents will have until and including May 9, 2022, to file their responding brief on remand. In all other respects, the schedule for further proceedings on remand set forth in the order entered January 25, 2021 (ECF No. 252 ) will remain in effect. Signed by Judge Robert C. Jones on 3/25/2022. (Copies have been distributed pursuant to the NEF - HKL)
January 24, 2022 Opinion or Order Filing 263 ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 262 ) is GRANTED. Respondents will have until and including March 25, 2022, to file their responding brief on remand. IT IS FURTHER ORDERED that, in all oth er respects, the schedule for further proceedings on remand set forth in the order entered January 25, 2021 (ECF No. 252 ) will remain in effect. Signed by Judge Larry R. Hicks on 1/24/2022. (Copies have been distributed pursuant to the NEF - DRM)
December 28, 2021 Opinion or Order Filing 261 ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 260 ) is GRANTED. Respondents will have until and including January 24, 2022, to file their responding brief on remand. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings on remand set forth in the order entered January 25, 2021 (ECF No. 252 ) will remain in effect. Signed by Judge Robert C. Jones on 12/28/2021. (Copies have been distributed pursuant to the NEF - DRM)
October 21, 2021 Opinion or Order Filing 259 ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 258 ) is GRANTED. Respondents will have until and including November 23, 2021, to file their responding brief on remand. IT IS FURTHER ORDERED that, in all o ther respects, the schedule for further proceedings on remand set forth in the order entered January 25, 2021 (ECF No. 252 ) will remain in effect. Signed by Judge Robert C. Jones on 10/21/2021. (Copies have been distributed pursuant to the NEF - DRM)
September 8, 2021 Opinion or Order Filing 257 ORDERED that Respondents' Motion for Extension of Time (ECF No. 256 ) is GRANTED. Respondents will have until and including September 24, 2021, to file their responding brief on remand. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings on remand set forth in the order entered January 25, 2021 (ECF No. 252 ) will remain in effect.Signed by Judge Robert C. Jones on 9/7/2021. (Copies have been distributed pursuant to the NEF - LG)
March 30, 2021 Opinion or Order Filing 254 ORDERED that Petitioner's Motion for Extension of Time (ECF No. 253 ) is GRANTED. Petitioner will have until and including May 25, 2021, to file his opening brief on remand. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings on remand set forth in the order entered January 25, 2021 (ECF No. 252 ) will remain in effect. Signed by Judge Robert C. Jones on 3/30/2021. (Copies have been distributed pursuant to the NEF - DRM)
January 25, 2021 Opinion or Order Filing 252 ORDER - Petitioner will have 60 days from the date of this order (3/26/2021) to file an Opening Brief on Remand. Respondents will then have 60 days to file a Responding Brief on Remand, and then Petitioner will have 30 days to file a Reply Brief on Remand. Signed by Judge Robert C. Jones on 1/25/2021. (Copies have been distributed pursuant to the NEF - DRM)
April 17, 2019 Opinion or Order Filing 243 ORDER granting ECF No. 242 Petitioner's Motion for Extension of Time to File a Reply to his motion to alter or amend judgment (ECF No. 233 ). Reply due by 5/9/2019. Signed by Judge Robert C. Jones on 4/17/2019. (Copies have been distributed pursuant to the NEF - LH)
February 26, 2019 Opinion or Order Filing 240 ORDER that Respondents' Motion for Enlargement of Time (ECF No. 239 ) is GRANTED. Respondents will have until April 11, 2019, to respond to the motion to alter or amend judgment. Signed by Judge Robert C. Jones on 2/26/2019. (Copies have been distributed pursuant to the NEF - LH)
January 14, 2019 Opinion or Order Filing 231 ORDER that Clerk shall substitute William Gittere, for Timothy Filson, on the docket for this case, as the respondent warden; Claim 13 of the petitioner's second amended habeas petition (ECF No. 126 ) is dismissed, without prejudice; all the remaining claims in the petitioner's second amended habeas petition are DENIED; the petitioner is granted a certificate of appealability as outlined herein; Clerk directed to enter judgment. Signed by Judge Robert C. Jones on 1/14/2019. (Copies have been distributed pursuant to the NEF - LH)
September 18, 2017 Opinion or Order Filing 222 ORDER denying ECF Nos. 196 Motion for Partial Reconsideration of Procedural Order, 198 Motion to Stay and Abeyance, 199 Motion for Leave to Supplement the Second Amended Petition, and 201 Second Motion for Evidentiary Hearing. Signed by Judge Robert C. Jones on 09/18/2017. (Copies have been distributed pursuant to the NEF - KW)
July 22, 2016 Opinion or Order Filing 188 ORDER granting ECF No. 187 Unopposed Motion to File Pleading in Excess of Thirty Pages. With respect to all further proceedings in this action, the page limits imposed by Local Rule LR 7-3(b) are waived. Signed by Judge Robert C. Jones on 7/22/16. (Copies have been distributed pursuant to the NEF - JC)
March 2, 2016 Opinion or Order Filing 184 ORDER. IT IS THEREFORE ORDERED that 140 Motion to Dismiss Second Amended Complaint is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED that 156 Motion for Evidentiary Hearing is DENIED. IT IS FURTHER ORDERED that 161 Motion for Lea ve to Conduct Discovery is DENIED. IT IS FURTHER ORDERED that respondents shall file an answer re 126 Amended Petition for Writ of Habeas Corpus within 90 days. Signed by Judge Robert C. Jones on 3/2/16. (Copies have been distributed pursuant to the NEF - TR) Modified on 3/2/2016 to correct language(TR).
November 3, 2015 Opinion or Order Filing 178 ORDER that 177 Motion to Extend Time is GRANTED. Petitioner shall have until and including December 4, 2015, to file and serve a reply in support of 156 his motion for evidentiary hearing, and a reply in support of 161 his motion for leave to conduct discovery. FURTHER ORDERED that 175 Motion for Leave to File [Pleading] in Excess of 20 Pages is GRANTED. Signed by Judge Robert C. Jones on 11/3/15. (Copies have been distributed pursuant to the NEF - MMM)
February 3, 2014 Opinion or Order Filing 122 ORDER that Petitioner shall file and serve a second amended petition for a writ of habeas corpus by 4/18/2014. Respondents shall have 60 days to file response to the second amended petition. Petitioner shall have 45 days to serve reply to response. Respondents shall have 30 days to serve response to reply. See Order for details. Signed by Judge Robert C. Jones on 02/03/2014. (Copies have been distributed pursuant to the NEF - AC)
January 10, 2014 Opinion or Order Filing 120 ORDER Granting 118 Petitioner's Motion to Vacate Stay and Reopen Capital Habeas Corpus Proceeding. Case stay lifted. IT IS FURTHER ORDERED that a Telephonic Status Conference is set for 2/3/2014 11:00 AM before Judge Robert C. Jones. Counsel shall call 702-868-4925, extension 123456. Signed by Judge Robert C. Jones on 01/10/2014. (Copies have been distributed pursuant to the NEF - AC)
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