Alcaraz v. Williams et al
| Juan M. Alcaraz |
| Attorney General of the State of Nevada and Brian Williams |
| 2:2013cv00818 |
| May 8, 2013 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Peggy A. Leen |
| James C. Mahan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
81
ORDER. IT IS ORDERED that the second amended petition (ECF No. 67 ) is DENIED. A certificate of appealability is DENIED. The clerk of the court is directed to enter judgment accordingly. Signed by Judge James C. Mahan on 5/24/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
79
ORDER Granting 78 Motion to Extend Time. Petitioner has until 11/22/2019, to file a reply in support of 67 the second amended petition. Signed by Judge James C. Mahan on 11/13/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
77
ORDER Granting 76 Motion to Extend Time. Petitioner has up to and including 11/8/2019, to file a reply in support of 67 the second amended petition. Signed by Judge James C. Mahan on 10/8/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
72
ORDER Granting 71 Motion to Extend Time. Respondents will have until 9/3/19, to answer 67 the second amended petition in this case. Signed by Judge James C. Mahan on 8/20/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
70
ORDER. IT IS ORDERED that 68 petitioners motion to dismiss Claim 2 is granted. Claim 2 is therefore DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the court's order of 5/14/19, is VACATED to the extent it grants petitioner a moti on to stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003). IT IS FURTHER ORDERED that respondents will have sixty days from the date of entry of this order to file an answer to the second amended petition. Signed by Judge James C. Mahan on 6/20/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
66
ORDER Granting in part and Denying in part 62 Motion to Stay Case. Amended Petition due within 15 days. Signed by Judge James C. Mahan on 5/14/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
61
ORDER Granting 60 Unopposed Motion for Extension of Time. Petitioner shall have up to and including 4/8/19, to make an election with respect to his mixed petition pursuant to the court's order of 1/23/19. Signed by Judge James C. Mahan on 4/4/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
59
ORDER Granting in part and denying in part 49 Motion to Dismiss. Motions due within 30 days. Signed by Judge James C. Mahan on 1/23/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
58
ORDER. IT IS ORDERED that 57 petitioner's motion to withdraw and for appointment of new counsel is GRANTED. IT IS FURTHER ORDERED that Gia McGillivray, Esq. is hereby WITHDRAWN as counsel for petitioner. IT IS FURTHER ORDERED that Angela H. Dows is appointed as counsel for petitioner. Signed by Judge James C. Mahan on 10/4/2018. (Copies have been distributed pursuant to the NEF - cc: CJA Coordinator, Petitioner - ADR)
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Filing
55
ORDER Granting 54 Motion to Extend Time to File Reply re 49 Motion to Dismiss (First Request). Replies due by 8/8/2018. Signed by Judge James C. Mahan on 7/23/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing
51
ORDER granting 50 Motion to Extend Time; Re: 49 Motion to Dismiss. Responses due by 7/10/2018. Signed by Judge James C. Mahan on 6/25/2018. (Copies have been distributed pursuant to the NEF - JM)
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Filing
46
ORDER Granting 45 Motion to Continue Briefing. Petitioner shall have up to and including 4/9/18, within which to file an amended petition for writ of habeas corpus pursuant to 28 U.S.C. ' 2254.Signed by Judge James C. Mahan on 2/21/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
43
ORDER. IT IS ORDERED that Gia A McGillivray, Esq. is appointed as counsel for petitioner pursuant to 18 U.S.C. § 3006A(a)(2)(B). IT FURTHER IS ORDERED that petitioner shall have until up to and including one hundred twenty (120) days from entry of this order within which to file an amended petition and/or seek other appropriate relief. Signed by Judge James C. Mahan on 10/25/17. (Copies have been distributed pursuant to the NEF - cc: Petitoner - ADR)
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Filing
42
ORDER. IT IS ORDERED that 40 , 41 the pending motions are GRANTED, that Ms. Angela H. Dows is WITHDRAWN as counsel for petitioner, and that substitute counsel shall be appointed for petitioner. Signed by Judge James C. Mahan on 10/2/17. (Copies have been distributed pursuant to the NEF - cc: CJA Coordinator, Petitioner - ADR)
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Filing
39
ORDER. IT THEREFORE IS ORDERED that 32 petitioner's motion to amend/correct the district record for purposes of appeal is GRANTED nunc pro tunc. IT FURTHER IS ORDERED that petitioner shall have until up to and including one hundred twenty (120) days from entry of this order within which to file an amended petition and/or seek other appropriate relief. Signed by Judge James C. Mahan on 12/27/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
30
ORDER. IT IS ORDERED that Angela Dows, Esq. is HEREBY APPOINTED counsel for petitioner on appeal.IT IS FURTHER ORDERED that the sixty-day deadline for filing an amended petition erroneously set in the Court's Order of 9/23/15 is HEREBY VACAT ED.IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND a copy of this Order to the Court's CJA coordinator.IT IS FURTHER ORDERED that the Clerk of the Court SHALL NOTIFY the appeals Court Clerk of this appointment at counselappointments@ca9.uscourts.gov. Signed by Judge James C. Mahan on 11/23/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
28
ORDER regarding 27 Order by Ninth Circuit Court. IT IS THEREFORE ORDERED that Angela Dows, 1333 North Buffalo Drive, Suite 210, Las Vegas, Nevada 89128, is appointed as counsel for petitioner for all future proceedings. IT IS FURTHER ORDERED that Petitioner shall have 60 days, until 11/23/15, to file an Amended Petition for Writ of Habeas Corpus. Signed by Judge James C. Mahan on 9/23/15. (Copies have been distributed pursuant to the NEF - E-mailed to 9th Circuit Court -PS)
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Filing
27
ORDER by Ninth Circuit Court. USDC shall locate appointed counsel. The appointing authority shall send notification of the name, address and telephone number of appointed counsel to the Ninth Circuit Court Clerk at counselappointments@ca9.uscourts.gov within 14 days ( 9/30/15) of locating counsel. (Copies have been distributed pursuant to the NEF - PS) Modified on 9/15/2015 (PS). (Main Document 27 replaced on 9/15/2015) (PS).
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Filing
23
ORDER granting 10 Motion to Dismiss. This action is DISMISSED WITH PREJUDICE as untimely. IT IS FURTHER ORDERED that petitioner is DENIED A CERTIFICATE OF APPEALABILITY. IT IS FURTHER ORDERED that the clerk of court shall enter judgment accordingly. Signed by Judge James C. Mahan on 1/27/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
18
ORDER Granting 17 Motion to Extend Time to Respond to 10 Motion to Dismiss. Responses due within 30 days. Signed by Judge James C. Mahan on 7/21/2014. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
7
ORDER Granting 6 Petitioner's Motion for Reconsideration. IT IS FURTHER ORDERED that the Court's 4 Order Dismissing Case is VACATED. The Clerk shall FILE and ELECTRONICALLY SERVE the Petition upon the Respondents. Respondents shall have 45 days within which to answer, or otherwise respond to, the Petition. Petitioner shall have 45 days from the date of service of the answer to file a reply. Case reopened. Signed by Judge James C. Mahan on 05/16/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing
4
ORDER that this action shall be dismissed without prejudice for failure to pay the required filing fee. No certificate of appealability will be issued. The Clerk shall enter judgment accordingly. Signed by Judge James C. Mahan on 7/15/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
3
ORDER that 1 Application for Leave to Proceed in forma pauperis is DENIED. Petitioner shall have thirty (30) days from the date this order is ENTERED in which to have the designated fee sent to the clerk. Failure to do so may result in the dismissal of this action. The clerk is directed to RETAIN the petition but not file it at this time. Signed by Judge James C. Mahan on 5/30/13. (Copies have been distributed pursuant to the NEF - MMM)
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