Agavo v. Neven et al
| Reynaldo Agavo |
| Attorney General of the State of Nevada and Dwight Neven |
| 2:2013cv01741 |
| September 23, 2013 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Carl W. Hoffman |
| 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
99
ORDER Granting 96 Motion for relief from the judgment. IT IS FURTHER ORDERED that 88 Judgment is modified to extend the deadline for the State to commence jury selection in the retrial to 6/24/2024. Signed by Judge James C. Mahan on 4/8/2024. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
88
ORDER. IT IS ORDERED that the petition for a writ of habeas corpus, as amended, is conditionally GRANTED for ground one and that, accordingly, the state court judgment of conviction of petitioner Reynaldo Agavo in No. C209538 in the Eighth Judicial District Court for the State of Nevada hereby is vacated and petitioner will be released from custody within 30 days. IT IS FURTHER ORDERED that 82 petitioners motion for an evidentiary hearing is DENIED. Signed by Judge James C. Mahan on 10/18/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
84
ORDER Granting 83 Motion to Extend Time Re: 82 Motion for Hearing. Respondents have until 2/7/2020, to respond to the 82 motion for evidentiary hearing. Signed by Judge James C. Mahan on 2/3/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
80
ORDER Granting 79 Motion to Extend Time Re: 72 Answer to Habeas Petition. Replies due by 1/17/2020. Signed by Judge James C. Mahan on 12/20/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
78
ORDER Granting 77 Motion to Extend Time. Petitioner has until 12/20/2019, to file a reply in support of the merits of his second amended petition. Signed by Judge James C. Mahan on 10/23/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
71
ORDER Granting 70 Motion to Extend Time. Attorney General of the State of Nevada and Dwight Neven Answer due 6/24/2019. Signed by Judge James C. Mahan on 6/5/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
69
ORDER Granting 68 Motion to Extend Time. Attorney General of the State of Nevada and Dwight Neven answers due 6/3/2019. Signed by Judge James C. Mahan on 5/14/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
67
ORDER granting 66 Motion to Extend Time. Respondents shall have to and including May 13, 2019, to answer 50 the second amended petition in this case. Signed by Judge James C. Mahan on 4/10/2019. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
65
ORDER that 56 Motion to Dismiss is DENIED. FURTHER ORDERED that respondents shall file an answer to the second amended petition within 60 days of the date of this order. Petitioner will have 30 days from service of the answer to file a reply. Signed by Judge James C. Mahan on 2/7/2019. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
63
ORDER granting 62 Motion to Extend Time re: 56 Motion to Dismiss. Respondents shall have to and including October 4, 2018, within which to file a reply to petitioner's opposition to respondents' motion to dismiss. Signed by Judge James C. Mahan on 10/3/2018. (Copies have been distributed pursuant to the NEF - MMM) Modified on 10/3/2018 to correct typo (MMM).
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Filing
61
ORDER granting 60 Motion to Extend Time to Reply re: 56 Motion to Dismiss. Replies due by 10/1/2018. Signed by Judge James C. Mahan on 9/5/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
58
ORDER that 55 Motion to Extend Time to Respond to the Petition is GRANTED nunc pro tunc to June 27, 2018. FURTHER ORDERED that 57 Motion to Extend Time to Respond re: 56 Motion to Dismiss is GRANTED. Petitioner shall have to and including August 24, 2018, within which to file an opposition to the motion to dismiss. Signed by Judge James C. Mahan on 7/11/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
54
ORDER Granting 53 Motion to Extend Time Re: 50 Second Petition for Writ of Habeas Corpus. Respondents' answer due 6/14/2018. Signed by Judge James C. Mahan on 5/16/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
52
ORDER granting 51 Motion to Extend Time to Answer/Respond re: 50 Petition for Writ of Habeas Corpus. Respondents shall have up to and including May 10, 2018, within which to respond to the second amended petition in this case. Signed by Judge James C. Mahan on 3/28/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
49
ORDER that 45 Motion to Reopen Case is GRANTED. FURTHER ORDERED that 47 Motion for Leave to File a Second Amended Petition is GRANTED. Petitioner shall file his second amended petition within ten days of the date of this order. FURTHER ORDERE D that respondents shall have sixty (60) days following service of the second amended petition within which to answer, or otherwise respond to, the second amended petition. FURTHER ORDERED that petitioner shall have sixty days following service of th e answer to file and serve a reply brief. If a dispositive motion is filed, the parties shall brief the motion in accordance with Local Rule 7-2. Signed by Judge James C. Mahan on 1/23/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
43
ORDER that 28 Motion to Dismiss the First Amended Petition is DENIED. FURTHER ORDERED that 34 Motion to Stay and Abeyance is GRANTED. FURTHER ORDERED that the grant of a stay is conditioned upon petitioner filing a state post-conviction petiti on or other appropriate proceeding in state court within forty-five (45) days from the entry of this order and returning to federal court with a motion to reopen within forty-five (45) days of issuance of the remittitur by the Nevada Supreme Court at the conclusion of the state court proceedings. FURTHER ORDERED that the clerk shall ADMINISTRATIVELY CLOSE this action, until such time as the court grants a motion to reopen the matter. Signed by Judge James C. Mahan on 9/23/15. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
37
ORDER Granting 36 Motion to Extend Time to Reply re 28 Motion to Dismiss. Replies due by 4/30/2015. Signed by Judge James C. Mahan on 4/28/15. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
32
ORDER that 31 Motion to Extend Time to Respond re 28 MOTION to Dismiss is GRANTED. Responses due by 4/13/2015. Signed by Judge James C. Mahan on 3/16/15. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
30
ORDER granting 29 Motion to Extend Time to Respond re 28 Motion to Dismiss. Responses due by 3/12/2015. Signed by Judge James C. Mahan on 1/27/15. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
14
ORDER that 13 Motion to Extend Time to File an Amended Petition is GRANTED. The amended petition shall be filed on or before October 6, 2014. No further extensions shall be granted absent a showing of extraordinary circumstances. Signed by Judge James C. Mahan on 9/26/14. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
12
ORDER that 11 Motion to Extend Time to File First Amended Petition is GRANTED. Amended Petition due by 9/22/2014. Signed by Judge James C. Mahan on 7/21/14. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
7
ORDER that the Clerk shall serve respondents with a copy of this order. Respondents' counsel SHALL ENTER a notice of appearance herein within twenty (20) days of entry of this order. Signed by Judge James C. Mahan on 1/22/14. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
4
ORDER that Petitioner's motion for appointment of counsel [1-2] is GRANTED. The Office of the Federal Public Defender is appointed to represent petitioner. IT IS FURTHER ORDERED that the clerk of court shall electronically serve FPD with a co py of this order, together with a copy of the petition and its attachments. FPD shall have 30 days from the date of entry of this order to undertake direct representation of petitioner or indicate to the court its inability to represent. IT IS FURTHER ORDERED that the clerk shall send a copy of this order to the court's CJA coordinator. Signed by Judge James C. Mahan on 12/17/2013. (Copies have been distributed pursuant to the NEF - cc: FPD and CJA - EDS)
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Filing
2
ORDER Denying 1 Motion/Application for Leave to Proceed in forma pauperis. Petitioner shall have 30 days from the date of this order in which to have $5.00 filing fee sent to the clerk of court. IT IS FURTHER ORDERED that the clerk of cour t SHALL SEND petitioner two copies of this order. IT IS FURTHER ORDERED that the clerk of court shall RETAIN the petition but not file it at this time. Signed by Judge James C. Mahan on 9/27/2013. (Copies have been distributed pursuant to the NEF - EDS)
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