Floyd v. McDaniel, et al
Case Number: 2:2006cv00471
Filed: April 17, 2006
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Lawrence R. Leavitt
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
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Date Filed Document Text
March 30, 2022 Opinion or Order Filing 200 ORDER. IT IS ORDERED that 183 Petitioners motion for relief under Rule 60 (b) and 185 motion for leave to supplement petition for writ of habeas corpus are DENIED. IT IS FURTHER ORDRED that a certificate of appealability is DENIED, as jurists of reason would not find it debatable whether the Courts decision is correct. Signed by Judge Richard F. Boulware, II on 3/30/2022. (Copies have been distributed pursuant to the NEF - JQC)
May 6, 2021 Opinion or Order Filing 196 ORDER Granting 194 Motion to Extend Time Re: 183 Motion, 185 Motion. Replies due by 5/11/2021. Signed by Judge Richard F. Boulware, II on 5/6/2021. (Copies have been distributed pursuant to the NEF - JQC)
December 17, 2014 Opinion or Order Filing 163 AMENDED ORDER that 135 MOTION for Evidentiary Hearing is DENIED. FURTHER ORDERED that Petitioner's Second Amended Petition for Writ of Habeas Corpus 66 and 95 is DENIED. FURTHER ORDERED that petitioner is granted a certificate of ap pealability with respect to the following issues: - the claim in Floyd's second amended petition for writ of habeas corpus, in Claim 10A, that the prosecutors made improper closing arguments, and the related claims in Claims 1D(1), 1J, 10B, 16, and 17A, and the request for an evidentiary hearing with respect to those claims; - the claim in Floyd's second amended petition for writ of habeas corpus regarding the testimony of a prosecution expert witness based in part on test results obt ained by a defense expert, who was identified by the defense as a testifying expert, but who, after the defense changed its mind, was not called to testify (Claim 4B(1)); - the claim in Floyd's second amended petition for writ of habeas corpus r egarding Mona Nall's victim impact testimony, regarding the kidnapping of Thomas Darnell's family and the sexual assault of his sister (part of Claim 7); - the court's determination, in ruling on the respondents' motion to dismiss , that the statute of limitations at Nev. Rev. Stat. 34.726 was adequate to support application of the procedural default doctrine; and - the issue whether Floyd can establish cause and prejudice, under Martinez v. Ryan, 134 S.Ct. 296 (2013), to over come his procedural default of the following claims: Claims 1A, 1B, 1D (in part), and 17 (in part); Claims 1C, 1F, 1G, and 2, as incorporated by reference into Claim 1; and Claim 5, when considered as a new claim under Dickens v. Ryan, 740 F.3d 1302, 1319-20 (9th Cir.2014) (en banc) cert. denied Dickens v. Arizona 522 U.S. 920 (1997). With respect to all other issues, petitioner is denied a certificate of appealability. FURTHER ORDERED that the Clerk of the Court shall enter an Amended Judgment accordingly. Signed by Judge Philip M. Pro on 12/17/14. (Copies have been distributed pursuant to the NEF - MMM)
September 22, 2014 Opinion or Order Filing 145 ORDER that 135 Motion for Evidentiary Hearing is DENIED. FURTHER ORDERED that 66 and 95 Second Amended Petition for Writ of Habeas Corpus is DENIED. FURTHER ORDERED that petitioner is granted a certificate of appealability with respect to the following claims in his second amended petition for writ of habeas corpus: - the claim that the prosecutors made improper closing arguments (Claim 10A); - the claim regarding the testimony of a prosecution expert witness based in part on test resul ts obtained by a defense expert, who was identified by the defense as a testifying expert, but who, after the defense changed its mind, was not called to testify (Claim 4B(1)); and - the claim regarding Mona Nalls victim impact testimony, regarding t he kidnapping of Thomas Darnell's family and the sexual assault of his sister (part of Claim 7). With respect to all other claims in petitioner's second amended habeas petition, petitioner is denied a certificate of appealability. FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Judge Philip M. Pro on 9/22/14. (Copies have been distributed pursuant to the NEF - MMM)
March 18, 2014 Opinion or Order Filing 141 MINUTE ORDER granting respondents' motion to file late opposition 139 . (Copies have been distributed pursuant to the NEF - JRB)
February 22, 2013 Opinion or Order Filing 119 ORDER Denying 116 Petitioner's Motion for Reconsideration. IT IS FURTHER ORDERED that respondents shall have 45 days from the date on which this order is entered within which to file answer to petitioner's remaining claims. In all other respects, the scheduling of this matter is governed by 61 Order. Signed by Judge Philip M. Pro on 2/22/13. (Copies have been distributed pursuant to the NEF - EDS)
August 20, 2012 Opinion or Order Filing 114 ORDER Granting in part and Denying in part 77 Respondents' Motion to Dismiss Second Amended Petition for Writ of Habeas Corpus and Granting 109 Respondents' Motion to Extend Time to File Reply to 77 Motion to Dismiss Nunc Pro Tunc as of 07/05/2012. The following claims in Petitioner's Second Amended Petition are DISMISSED: Claims One(A-C, parto of D, E-G), Two, Three, Four (Except for (B)(1) and (5)), Six, Eight, Eleven, Twelve, Fourteen, Fifteen, and Sevente en (A, in part, and B). Respondents shall have 45 days to file their answer to petitioner's remaining claims.Renee Baker answer due 10/4/2012. Catherine Cortez Masto answer due 10/4/2012. Signed by Judge Philip M. Pro on 08/20/2012. (Copies have been distributed pursuant to the NEF - AC)
September 14, 2011 Opinion or Order Filing 79 MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, on 9/14/2011 that respondents Motion for Substitution of Respondent 76 is GRANTED. 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 George Chanos, 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)
May 23, 2011 Opinion or Order Filing 65 ORDER granting Petitioner's 64 Motion to Extend Deadline. Amended Petition due by 6/13/2011. No additional extension of time shall be granted. Signed by Judge Philip M. Pro on 5/23/11. (Copies have been distributed pursuant to the NEF - ECS)
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