Nika v. McDaniel et al
| Avram Vineto Nika |
| E.K. McDaniel and Catherine Cortez Mastro |
| 3:2009cv00178 |
| April 7, 2009 |
| US District Court for the District of Nevada |
| Death Penalty - Habeas Corpus Office |
| White Pine |
| James C. Mahan |
| Robert A. McQuaid |
| None |
| Federal Question |
| 28:2254 Petition for Writ of Habeas Corpus (State) |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
225
ORDER - IT IS THEREFORE HEREBY ORDERED that the stipulation of the parties (ECF No. 223 ) is APPROVED. The time for Respondents to comply with the judgment is extended. Respondents will have until and including April 19, 2024, to eith er vacate Petitioner's death sentence and impose upon him a non-capital sentence consistent with law or file a notice of the State's intent to grant Petitioner a new penalty-phase trial, and the Respondents will have until and including August 9, 2024, to commence jury selection in a new penalty-phase trial. Signed by Judge James C. Mahan on 12/18/2023. (Copies have been distributed pursuant to the NEF - DLS)
|
|
Filing
224
ORDER granting ECF No. 223 Stipulation for Extension of Time for Compliance with Amended Judgment (ECF No. 201 ) : Respondents must comply with the judgment by Friday, April 19, 2024, by filing notice with the Court that the Wash oe County District Attorney either imposed a non-capital sentence consistent with law or intends to grant a new penalty phase of trial to commence by Wednesday, October 16, 2024. Signed by Judge James C. Mahan on 12/13/2023. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
222
ORDERED that the stipulation of the parties (ECF No. 221 ) is APPROVED. The time for Respondents to comply with the judgment is extended. Respondents will have until and including December 15, 2023, to either vacate Petitioner 9;s death sentence and impose upon him a non-capital sentence consistent with law or file a notice of the State's intent to grant Petitioner a new penalty-phase trial, and the Respondents will have until and including April 15, 2024, to commence jury selection in a new penalty-phase trial. Signed by Judge James C. Mahan on 8/18/2023. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
220
ORDER - IT IS THEREFORE HEREBY ORDERED that the stipulation of the parties (ECF Nos. 217 , 219 ) is APPROVED. The time for Respondents to comply with the judgment is extended. Respondents will have until and including August 17, 2023 , to either vacate Petitioners death sentence and impose upon him a non-capital sentence consistent with law or file a notice of the States intent to grant Petitioner a new penalty-phase trial, and the Respondents will have until and including December 15, 2023, to commence jury selection in a new penalty-phase trial. Signed by Judge James C. Mahan on 7/19/2023. (Copies have been distributed pursuant to the NEF - DLS)
|
|
Filing
216
ORDER - IT IS ORDERED that the stipulation of the parties (ECF Nos. 211 , 213 , 215 ) is APPROVED. The time for Respondents to comply with the judgment is extended by 60 days. Therefore, Respondents will have until and including July 18 , 2023, to either vacate Petitioner's death sentence and impose upon him a non-capital sentence consistent with law or file a notice of the State's intent to grant Petitioner a new penalty-phase trial, and the Respondents will have until and including November 15, 2023, to commence jury selection in a new penalty-phase trial. Signed by Judge James C. Mahan on 5/19/2023. (Copies have been distributed pursuant to the NEF - DLS)
|
|
Filing
200
ORDERED that Petitioner's Motion to Alter or Amend Judgment (ECF No. 189 ) is GRANTED IN PART AND DENIED IN PART. The motion is granted to the extent that the judgment in this action shall be amended to grant Petitioner a certificate o f appealability with respect to Ground 2 of his Second Amended Petition for Writ of Habeas Corpus (ECF No. 73 ). In all other respects, the motion is denied. IT IS FURTHER ORDERED that The Clerk of the Court is directed to enter an Amended Judgment, as specified herein. (See pdf order for specifics.) Signed by Judge James C. Mahan on 10/3/2019. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
198
ORDER that Petitioner's Motion for Extension of Time (ECF No. 197 ) is DENIED as unnecessary. Petitioner has until and including October 7, 2019, to file a reply in support of his motion to alter or amend the judgment. Signed by Judge James C. Mahan on 9/16/2019. (Copies have been distributed pursuant to the NEF - LH)
|
|
Filing
195
ORDER that Respondents' Motion for Enlargement of Time (ECF No. 194 ) is GRANTED; Respondents will have until and including September 5, 2019, to respond to the motion to alter or amend the judgment (ECF No. 189 ); Petitioner will have 30 days to reply to Respondents' response to the motion to alter or amend the judgment. Signed by Judge James C. Mahan on 8/26/2019. (Copies have been distributed pursuant to the NEF - LH)
|
|
Filing
193
ORDER that Respondents' Motion for Enlargement of Time (ECF No. 192 ) is GRANTED; Respondents will have until and including August 22, 2019, to respond to the motion to alter or amend the judgment (ECF No. 189 ); Petitioner will have 30 days to reply to Respondents' response to the motion to alter or amend the judgment. Signed by Judge James C. Mahan on 7/26/2019. (Copies have been distributed pursuant to the NEF - LH)
|
|
Filing
186
ORDER that Petitioner's Second Amended Petition for Writ of Habeas Corpus (ECF No. 73 ) is GRANTED IN PART AND DENIED IN PART.; Respondents shall have 60 days from the date of this order to respond as outlined in order; Petitioner' s Motion for Discovery (ECF No. 166 ) and Motion for Evidentiary Hearing (ECF No. 168 ) are DENIED; Petitioner is granted a certificate of appealability with respect to his claims in Grounds 1C, 3, 4A and 5 of his Second Amended Petit ion (ECF No. 73 ); the judgment in this action will be stayed pending the conclusion of any appellate or certiorari review in the Ninth Circuit Court of Appeals or the United States Supreme Court, or the expiration of the time for seeking such appe llate or certiorari review, whichever occurs later; Clerk directed to enter judgment accordingly; pursuant to FRCP 25(d), the Clerk shall substitute William Gittere for Timothy Filson, as the respondent warden, and Aaron Ford for Adam Laxalt, as the respondent Nevada Attorney General. See Order for further details and instructions. Signed by Judge James C. Mahan on 6/12/2019. (Copies have been distributed pursuant to the NEF - LH)
|
|
Filing
182
ORDER - IT IS THEREFORE ORDERED that the respondents' Motion for Enlargement of Time (ECF No. 180 ) is GRANTED. Respondents' Response to Reply (ECF No. 181 ) will be treated as timely filed. IT IS FURTHER ORDERED that the deadline for the petitioner to file a reply in support of his motion for discovery (ECF No. 166 ) and a reply in support of his motion for evidentiary hearing (ECF No. 168 ) October 4, 2018 (see Order entered September 6, 2018 (ECF No. 179 )) remains in effect. Signed by Judge James C. Mahan on 9/19/2018. (Copies have been distributed pursuant to the NEF - LH)
|
|
Filing
179
ORDER granting ECF No. 178 Respondents' Motion for Extension of Time is GRANTED. Respondents will have until 09/13/2018 to file a response to the petitioner's reply.The Petitioner will have until 10/04/2018 to filed reply in Support of ECF Nos. 166 Motion for Discovery and 168 Motion for Evidentiary Hearing. Signed by Judge James C. Mahan on 9/6/2018. (Copies have been distributed pursuant to the NEF - KW)
|
|
Filing
177
ORDERED that respondents' Motion for Extension of Time (ECF No. 176 ) is GRANTED. Respondents will have until August 30, 2018, to file a response to petitioner's reply.IT IS FURTHER ORDERED that petitioner will have un til September 20, 2018, to file a reply in support of his motion for discovery (ECF No. 166 ) and a reply in support of his motion for evidentiary hearing (ECF No. 168 ). Signed by Judge James C. Mahan on 8/27/2018. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
174
ORDER granting ECF No. 173 Motion for Extension of Time to file a response to petitioner's reply ECF No. 169 ; petitioner will have until 09/13/2018 to file replies in support of ECF Nos. 166 Motion for Discovery and 168 Motion for Evidentiary Hearing. Signed by Judge James C. Mahan on 4/27/2018. (Copies have been distributed pursuant to the NEF - KW)
|
|
Filing
165
ORDER granting ECF No. 164 Motion for Extension of Time to file reply to ECF No. 160 Answer to Amended Habeas Petition. Reply due by 3/26/2018. In all other respects, the schedule for further proceedings set forth in the order ECF No. 68 shall remain in effect. Signed by Judge James C. Mahan on 3/8/2018. (Copies have been distributed pursuant to the NEF - KW)
|
|
Filing
163
ORDER granting ECF No. 161 Motion for Extension of Time. Petitioner to file reply to Respondents' answer by 3/5/2018; the schedule for further proceedings set forth in the order ECF No. 68 shall remain in effect. Signed by Judge James C. Mahan on 12/14/2017. (Copies have been distributed pursuant to the NEF - KW)
|
|
Filing
140
ORDER directing Respondents within 10 days to assign responsibility for this case to an attorney other than Victor-Hugo Schulze II; granting in part and denying in part ECF No. 139 Motion for Enlargement of Time -- Reply re ECF No. 95 Motion to Dismiss, Response re ECF No. 133 Motion for Hearing, and Response re ECF No. 137 Motion for Discovery due by 1/27/2017. Signed by Judge James C. Mahan on 12/8/2016. (Copies have been distributed pursuant to the NEF - KR)
|
|
Filing
135
ORDER GRANTING ECF No. 134 Motion to Extend Time : Petitioner shall have until and including October 24, 2016, to file a motion for leave to conduct discovery. IT IS FURTHER ORDERED that, after petitioner files a motion for leave to conduct discovery, respondents shall have 30 days to file their reply in support of their motion to dismiss (ECF No. 95 ), their response to the motion for evidentiary hearing, and their response to the motion for leave to conduct discovery. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered June 18, 2015 (ECF No. 68 ) shall remain in effect. Signed by Judge James C. Mahan on 10/12/2016. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
128
ORDER GRANTING ECF No. 126 Motion to Extend Time : Response to ECF No. 95 Motion to Dismiss due by 9/9/2016. FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered June 18, 2015 (ECF No. 68 ) shall remain in effect. FURTHER ORDERED that petitioner's Motion to Partially Waiver Local Rules IA 10-3(e), 7-3(b), 7-3(c) (ECF No. 127 ) is GRANTED. Local Rules IA 10-3(e) (descriptors of exhibits on cover sheets), 7-3(b) (page limits), and 7-3(c) (motions for leave to exceed page limits) are waived in this action, for all parties. Signed by Judge James C. Mahan on 7/28/2016. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
89
ORDER granting 88 Motion to Extend Time re 73 Amended Petition. Respondents' answers due 3/14/2016. Signed by Judge James C. Mahan on 1/15/2016. (Copies have been distributed pursuant to the NEF - KR)
|
|
Filing
84
ORDER granting 69 Motion for Leave to File Brief; extending time for Respondents to respond to 73 Second Amended Petition to 11/13/2015. Signed by Judge James C. Mahan on 9/10/2015. (Copies have been distributed pursuant to the NEF - KR)
|
|
Filing
68
ORDERED that petitioner's # 62 Motion to Vacate Stay and Reopen Federal Habeas Corpus Proceedings is GRANTED. The stay of this action is lifted. The clerk of the court shall update the docket for this case accordingly. FURTHER ORD that the following schedule shall govern further litigation of this action: Second amended petition due by 8/2/2015. (See pdf order for additional schedule specifics.) FURTHER ORDERED that petitioner's # 63 Motion to Stay Setting of Executio n Date is GRANTED. The setting of an execution date for Avram Vineto Nika, the petitioner in this federal habeas corpus action, is stayed, pending the final resolution of this action. Signed by Judge James C. Mahan on 6/18/2015. (Copies have been distributed pursuant to the NEF - DRM)
|
|
Filing
47
ORDERED that P's Motion for Stay and Abeyance (# 42 ) is GRANTED. This action is STAYED to allow P to exhaust. FURTHER ORD that Rs' Motion to Dismiss (# 41 ) is DENIED as moot. FURTHER ORD that, on or before December 15, 2010,and eve ry 6 months thereafter, P shall file a status report. Rs may, file a response to any such status report within 15 days after its service. P may reply within 15 days of service of the response. FURTHER ORD that following the conclusion of P's s tate court proceedings, P shall, within 30 days, make a motion to lift the stay. FURTHER ORD that this action shall be subject to dismissal upon a motion by Rs if P does not comply with the time limits in this order, or if he otherwise fails to proce ed with diligence during the stay imposed pursuant to this order. FURTHER ORD that, absent extraordinary circumstances, this will be the final opportunity that this court provides to P to return to state court to exhaust claims for habeas corpus relief. Signed by Judge James C. Mahan on 8/27/2010. (Copies have been distributed pursuant to the NEF - DRM)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nevada District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
