Smith v. Baker et al
Petitioner: Montrail D. Smith
Respondent: Renee Baker and The Attorney General of the State of Nevada
Case Number: 2:2015cv00487
Filed: March 18, 2015
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Kent J. Dawson
Presiding Judge: Cam Ferenbach
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa
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
August 10, 2020 Opinion or Order Filing 100 ORDER granting 72 Motion to Dismiss; ORDER denying 85 Motion for Hearing; ORDER denying 86 Motion; ORDER denying 93 Motion to Strike; Petitioner is denied a certificate of appealability. Signed by Judge Kent J. Dawson on 8/10/2020. (Copies have been distributed pursuant to the NEF - JM)
May 19, 2020 Opinion or Order Filing 96 ORDER granting in part 95 Motion to Extend Time; Re: 93 Motion to Strike, 85 Motion for Hearing Before District Judge, 86 Motion. Replies to 85 and 86 Motions due by 5/28/2020. Responses to 93 Motion to Strike due by 5/28/2020. Replies to 93 Motion to Strike due by 6/11/2020. Signed by Judge Kent J. Dawson on 5/19/2020. (Copies have been distributed pursuant to the NEF - JM)
April 13, 2020 Opinion or Order Filing 89 ORDER granting 88 Motion for Leave to File Document; Re: 72 Motion to Dismiss. Replies due by 5/8/2020. Signed by Judge Kent J. Dawson on 4/13/2020. (Copies have been distributed pursuant to the NEF - JM)
January 30, 2020 Opinion or Order Filing 80 ORDER granting 79 Motion to Extend Time; Re: 72 Motion to Dismiss. Responses due by 3/27/2020. In all other respects, the schedule for further proceedings set forth in the order entered April 24, 2019 (ECF No. 68) will remain in effect. Signed by Judge Kent J. Dawson on 1/30/2020. (Copies have been distributed pursuant to the NEF - JM)
January 7, 2020 Opinion or Order Filing 78 ORDER. IT IS ORDERED that 77 Petitioner's motion for late filing and 76 motion for extension of time are GRANTED. Petitioner will have until and including 1/27/2020, to file his response to the motion to dismiss. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the 68 order entered 4/24/2019 will remain in effect. Signed by Judge Kent J. Dawson on 1/7/2020. (Copies have been distributed pursuant to the NEF - JQC)
April 24, 2019 Opinion or Order Filing 68 ORDER granting 67 Motion to Lift Stay and Re-Open Case; Respondents will have 90 days from the date of this order to file an answer or other response to the petitioner's second amended petition. Petitioner will have 60 days following service of an answer to file a reply. Signed by Judge Kent J. Dawson on 4/24/2019.; Case reopened. (Copies have been distributed pursuant to the NEF - JM)
March 28, 2017 Opinion or Order Filing 63 ORDER denying as moot 35 Motion to Dismiss.; denying as moot 47 Motion.; denying as moot 48 Motion for Hearing.; granting 50 Motion to Stay, the Clerk of Court shall administratively close this case. FURTHER ORDERED that, following the conclusion of petitioners state-court action, petitioner shall, within 30 days, make a motion to lift the stay of this action. IT IS FURTHER ORDERED that this action shall be subject to dismissal, upon a motion by respondents. Signed by Judge Kent J. Dawson on 3/23/2017. (Copies have been distributed pursuant to the NEF - JM)
January 10, 2017 Opinion or Order Filing 55 ORDER. IT IS THEREFORE ORDERED that 52 , 54 respondents' motions for extensions of time are GRANTED. Respondents shall have until and including 1/26/17, to file their reply in support of their 35 motion to dismiss, and their responses to the 47 motion for leave to conduct discovery, 48 the motion for evidentiary hearing, and 50 the motion for stay and abeyance. Petitioner will then have 20 days to file replies in support of his motion for leave to conduct discovery, motion for evidentiary hearing, and motion for stay and abeyance. Signed by Judge Kent J. Dawson on 1/10/17. (Copies have been distributed pursuant to the NEF - ADR)
October 13, 2016 Opinion or Order Filing 39 ORDER denying 38 Motion to Stay.; re 35 Motion to Dismiss, Responses due by 11/25/2016. Schedules for 13 and 32 shall remain in effect. Signed by Judge Kent J. Dawson on 10/13/16. (Copies have been distributed pursuant to the NEF - JM)
September 13, 2016 Opinion or Order Filing 37 ORDER Granting 36 Motion to Extend Time to Respond re 35 Motion to Dismiss. Petitioner shall have until and including October 11, 2016, to file a response to the motion to dismiss. FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the orders entered July 1, 2015 (ECF No. 13 ) and June 15, 2016 (ECF No. 32 ) shall remain in effect. FURTHER ORDERED that the Clerk of the Court shall substitute Timothy Filson for Renee Baker, on the docket for this case, as the respondent warden, and shall update the caption of the action to reflect this change. Signed by Judge Kent J. Dawson on 9/13/16. (Copies have been distributed pursuant to the NEF - MMM)
June 15, 2016 Opinion or Order Filing 32 ORDER Granting 31 Motion to Extend Time re 24 Amended Petition for Writ of Habeas Corpus. Answers due 7/11/2016. IT IS FURTHER ORDERED that 30 Motion for Leave to Conduct Discovery and for Court Order to Obtain Documents is DENIED. Signed by Judge Kent J. Dawson on 6/15/16. (Copies have been distributed pursuant to the NEF - TR)
March 29, 2016 Opinion or Order Filing 23 ERROR: Duplicate entry made by Clerk's Office. Document terminated. (EDS) ORDER. IT IS THEREFORE ORDERED that Petitioner's Motion for Extension of Time 21 is GRANTED. Petitioner shall have until and including 4/11/16, to file a first amended petition for writ of habeas corpus. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered 7/1/15 13 shall remain in effect. Signed by Judge Kent J. Dawson on 3/29/16. (Copies have been distributed pursuant to the NEF - PS)
March 16, 2016 Opinion or Order Filing 20 ORDER Granting Petitioner's 18 Motion for Extension of Time. Amended Petition due by 3/28/2016. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the 13 Order entered July 1, 2015 shall remain in effect. Signed by Judge Kent J. Dawson on 03/01/2016. (Copies have been distributed pursuant to the NEF - NEV)
January 4, 2016 Opinion or Order Filing 17 ORDER Granting Petitioner's 16 Motion to Extend Time to File a First Amended Petition for Writ of Habeas Corpus. Amended Petition due by 2/26/2016. IT IS FURTHER ORDERED that the schedule for further proceedings set forth in the 13 Order entered 07/01/2015 shall remain in effect. Signed by Judge Kent J. Dawson on 01/04/2016. (Copies have been distributed pursuant to the NEF - NEV)
September 30, 2015 Opinion or Order Filing 15 ORDER Granting 14 Motion for Extension of Time. Petitioner shall have until and including December 28, 2015, to file a first amended petition for writ of habeas corpus. petitioner shall have until and including December 28, 2015, to file a first amended petition for writ of habeas corpus. FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered July 1, 2015 (ECF No. 13 ) shall remain in effect. Signed by Judge Kent J. Dawson on 9/30/15. (Copies have been distributed pursuant to the NEF - MMM)
June 30, 2015 Opinion or Order Filing 13 ORDER: Petitioner shall have 90 days from the entry of this order to file a first amended petition for writ of habeas corpus. Signed by Judge Kent J. Dawson on 6/30/2015. (Copies have been distributed pursuant to the NEF - DC)
May 26, 2015 Opinion or Order Filing 9 ORDER Denying 1 Motion for Permission to File Petition. It is Further Ordered that 3 Motion to Appoint Counsel is Granted. FPD is appointed as Counsel for Petitioner. It Is Further Ordered that 4 Motion for Evidenitary Hearing is denied without Prejudice. Signed by Judge Kent J. Dawson on 5/26/2015. (Copies have been distributed pursuant to the NEF - DC)
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Respondent: Renee Baker
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Respondent: The Attorney General of the State of Nevada
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Petitioner: Montrail D. Smith
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