McConnell vs E. K. McDaniel, et al
| 3:2010cv00021 |
| January 13, 2010 |
| US District Court for the District of Nevada |
| Reno Office |
| Robert C. Jones |
| Robert A. McQuaid |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 1651 Petition for Writ of Habeas Corpus |
| None |
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The following documents for this case are available for you to view or download:
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Filing
190
ORDER - IT IS ORDERED that Petitioner's Motion for Extension of Time (ECF No. 189 ) is GRANTED. Petitioner will have until and including May 24, 2024, to file a reply to Respondents' answer. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 4/22/2024. (Copies have been distributed pursuant to the NEF - GA)
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Filing
186
ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 184 ) is GRANTED. Respondents' answer (ECF No. 185 ) will be treated as timely filed.IT IS FURTHER ORDERED that Petitioner will have 120 days after Respondents f iled their answer - until and including November 21, 2023 - to file a reply to the answer. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 7/26/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
182
ORDER - IT IS THEREFORE ORDERED that Respondents' Motion for Enlargementof Time (ECF No. 181 ) is GRANTED. Respondents will have until and including July 21, 2023, to file their answer (7/21/2023).IT IS FURTHER ORDERED that Pe titioner will have 120 days after Respondents file their answer to file a reply to the answer. See Order entered July 24, 2022 (ECFNo. 151 ), p. 57. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect.Signed by Judge Gloria M. Navarro on 7/13/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
180
ORDERED that Respondents Motion for Enlargementof Time (ECF No. 179 ) is GRANTED. Respondents will have until and including July 13, 2023, to file their answer.IT IS FURTHER ORDERED that Petitioner will have 120 days after Respond ents file their answer to file a reply to the answer. See Order entered July 24, 2022 (ECF No. 151 ), p. 57. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 7/6/2023. (Copies have been distributed pursuant to the NEF - GA)
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Filing
178
ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 177 ) is GRANTED. Respondents will have until and including July 6, 2023, to file their answer.IT IS FURTHER ORDERED that Petitioner will have 120 days after Re spondents file their answer to file a reply to the answer. See Order entered July 24, 2022 (ECF No. 151 ), p. 57. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 6/16/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
159
ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 158 ) is GRANTED. Respondents will have until and including June 15, 2023, to file their answer. IT IS FURTHER ORDERED that Petitioner will have 120 days after Respondents file their answer to file a reply to the answer. See Order entered July 24, 2022 (ECF No. 151 ), p. 57. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 5/20/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
157
ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 156) - IT IS THEREFORE ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 156 ) is GRANTED. Respondents will have until and including May 18, 2023, to file their answer (5/18/2023). IT IS FURTHER ORDERED that Petitioner will have 120 days after Respondents file their answer to file a reply to the answer. See Order entered July 24, 2022 (ECF No. 151 ), p. 57. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 4/13/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
155
ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 154 ) - IT IS THEREFORE ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 154 ) is GRANTED. Respondents will have until and including April 13, 2023, to file t heir answer (4/13/2023). IT IS FURTHER ORDERED that Petitioner will have 120 days after Respondents file their answer to file a reply to the answer. See Order entered July 24, 2022 (ECF No. 151 ), p. 57. In all other respects, the schedule fo r further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), William Gittere is substituted for William Reubart as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. Signed by Judge Gloria M. Navarro on 3/9/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
153
ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 152 ) - IT IS THEREFORE ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 152 ) is GRANTED. Respondents will have until and including March 9, 2023, to file th eir answer (3/9/2023). IT IS FURTHER ORDERED that Petitioner will have 120 days after Respondents file their answer to file a reply to the answer. See Order entered July 24, 2022 (ECF No. 151 ), p. 57. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 1/23/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
151
ORDER - IT IS THEREFORE ORDERED that Respondents Motion to Dismiss (ECF No. 122 ) is GRANTED IN PART AND DENIED IN PART. Claims are dismissed or will proceed as detailed herein. IT IS FURTHER ORDERED that Petitioners Motion for Evidentiary H earing (ECF No. 130 ) is DENIED.IT IS FURTHER ORDERED that Respondents shall, within 180 days from the date of this order, file an answer, responding to the remaining claims in Petitioners Second Amended Petition for Writ of Habeas Corpus (ECF No. 95 ). (11/21/2022) The time for Petitioner to file a reply to Respondents answer, as set forth in the December 4, 2019, scheduling order (ECF No. 91 ), will be extended to 120 days. In all other respects, the schedule for fur ther proceedings set forth in the December 4, 2019, scheduling order (ECF No. 91 ) will remain in effect.IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), William Reubart is substituted for William Gittere as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. (Parties updated.) Signed by Judge Gloria M. Navarro on 7/24/2022. (Copies have been distributed pursuant to the NEF - CJD)
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Filing
149
ORDER Granting 148 Motion to Extend Time Re: 130 Motion. Replies due by 4/4/2022. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the 91 Order entered 12/4/2019 will remain in effect. Signed by Judge Gloria M. Navarro on 3/22/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
147
ORDER - Respondents' Motion for an Enlargement of Time (ECF No. 144 ) is GRANTED. Respondents' reply in support of their motion to dismiss (ECF No. 145 ) and their response to the motion for evidentiary hearing (ECF No. 146 ) wi ll be treated as timely filed. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 3/3/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
143
ORDER GRANTING ECF No. 140 Motion to Extend Time : Respondents will have until and including February 25, 2022, to file their reply in support of their motion to dismiss (ECF No. 122 ) and their response to Petitioner's mot ion for evidentiary hearing (ECF No. 130 ). IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 2/22/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
139
ORDERED that Respondents' Motion for an Enlargement of Time (ECF No. 138 ) is GRANTED. Respondents will have until and including February 18, 2022, to file their reply in support of their motion to dismiss (ECF No. 122 ), and the ir response to Petitioner's motion for evidentiary hearing (ECF No. 130 ). In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 2/3/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
136
ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF No. 135) - IT IS ORDERED that Respondents' Motion for an Enlargement of Time (ECF No. 135 ) is GRANTED. Respondents will have until and including February 4, 2022, to file their re ply in support of their motion to dismiss and their response to Petitioner's motion for evidentiary hearing.IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 1/12/2022. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
134
ORDERED that Respondents' Motion for an Enlargement of Time (ECF Nos. 132 , 133 ) is GRANTED. Respondents will have until and including January 14, 2022, to file their reply in support of their motion to dismiss (ECF No. 122 ), and their response to Petitioner's motion for evidentiary hearing (ECF No. 130 ). IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 11/17/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
127
ORDER granting ECF No. 126 Motion to Extend Time re ECF No. 122 Motion to Dismiss. Response due by 10/18/2021. Signed by Judge Gloria M. Navarro on 9/28/2021. (Copies have been distributed pursuant to the NEF - KR)
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Filing
123
ORDER granting ECF No. 121 Motion to Extend Time. Respondents' Motion to Dismiss (ECF No. 122 ) will be treated as timely filed. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 6/3/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
120
ORDER granting ECF No. 119 Motion to Extend Time. Respondents will have until and including May 27, 2021, to file their renewed Motion to Dismiss. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 5/21/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
118
ORDER granting ECF No. 117 Motion to Extend Time (Second Request). Respondents will have until and including May 20, 2021, to file their renewed motion to dismiss. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 4/26/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
116
ORDER - Respondents' Motion for Enlargement of Time (ECF No. 115 ) is granted. Respondents will have until and including April 22, 2021, to file their renewed Motion to Dismiss. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 4/5/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
114
ORDERED that Petitioner's Motion to Strike, or, in the Alternative, Motion for More Definite Statement (ECF No. 107 ) is GRANTED. FURTHER ORDERED that Respondents' Motion to Dismiss (ECF No. 105 ) is DENIED, without prejudice to Respondents filing a new motion to dismiss. FURTHER ORDERED that Respondents will have 30 days from the date of this order (4/1/2021) to file their new motion to dismiss. In all other respects, the schedule for further proceedin gs set forth in the order entered on December 4, 2019 (ECF No. 91 ) will remain in effect. FURTHER ORDERED that the Clerk of the Court is directed to update the docket for this case to reflect that Aaron Ford has been substituted for Adam Paul Laxalt as the respondent state attorney general. Signed by Judge Gloria M. Navarro on 3/2/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
110
ORDER - Petitioner's Motion to Stay Scheduling Order (ECF No. 108 ) is granted. Petitioner will not be required to respond to the motion to dismiss (ECF No. 105 ) until the motion to strike or for more definite statement (ECF No. 107 ) is resolved. The Court will set a schedule for Petitioner's response to the motion to dismiss, if necessary, when the motion to strike or for more definite statement is resolved. Respondents shall respond to the Motion to Strike, or, in the Al ternative, Motion for More Definite Statement (ECF No. 107 ) on or before January 15, 2021. Petitioner will then have 10 days to reply. The Court will not look favorably upon any motion to extend this briefing schedule. Signed by Judge Gloria M. Navarro on 12/9/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
104
ORDER granting ECF No. 103 Motion to Extend Time. Respondents will have until and including October 8, 2020, to file their response to the Petitioner's Second Amended Habeas Petition (ECF No. 95 ). In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 10/1/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
102
ORDER granting ECF No. 101 Motion to Extend Time. Respondents will have until and including October 1, 2020, to file their response to the Second Amended Petition (ECF No. 95 ). In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 9/8/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
100
ORDER that Respondents' motion for extension of time (ECF No. 99 ) is GRANTED. Respondents will have until and including September 10, 2020, to file their response to the petitioner's second amended habeas petition. In all other respects, the schedule for further proceedings set forth in the order entered December 4, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 6/3/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
98
ORDER granting ECF No. 97 Unopposed Motion for Temporary Relief From LR IC 2-2(g). Within 60 days after the Court rescinds General Orders 2020-5, 2020-4 and 2020-3, or as otherwise ordered, the parties will be required to bring their compl iance with LR IC 2-2(g) up to date by submitting to the Court - to the Clerk's Office in Reno - courtesy copies of all documents filed under this order to which LR IC 2-2(g) would apply. Signed by Judge Gloria M. Navarro on 4/6/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
93
ORDERED that Petitioner's motion for extension of time (ECF No. 92 ) is GRANTED. Petitioner will have until and including April 3, 2020, to file his second amended habeas petition. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered December 3, 2019 (ECF No. 91 ) will remain in effect. Signed by Judge Gloria M. Navarro on 2/5/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
91
ORDER granting ECF No. 88 Petitioner's Motion to Vacate Stay and Reopen Capital Habeas Proceedings; the stay of this action is lifted; the following schedule herein shall govern the further proceedings in this action. See order pdf for further details and instructions. Signed by Judge Gloria M. Navarro on 12/3/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
44
ORDER Denying 39 Motion For Compliance With Rule 2 of the Rules Governing Section 2254 Cases. FURTHER ORDERED that respondents shall have 45 days from the date this order is entered to file and serve an answer or other response to the amend ed petition (docket #24). FURTHER ORDERED that, in all other respects, the schedule set forth in the order entered August 23, 2010 (docket #21), shall remain in effect. Signed by Judge Gloria M. Navarro on 4/15/11. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
21
SCHEDULING ORDER. IT IS ORDERED that P shall file and serve an amend pet for whc on or before December 3, 2010. Rs shall have 60 days following svc of the amend pet to file and serve and answer. If P does not filean amend pet, R s shall have 60 days following the due-date for the amend pet to file and serve an answer or other response to the orig pet. P shall have 45 days following svc of an answer to file and serve a reply. Rs shall thereafter have 30 days< /B> following svc of a reply to file and serve a response to the reply. If Rs file a mtn to dismiss, P shall have 30 days following svc of the mtn to file and serve an oppo to the mtn. Rs shall thereafter have 30 days following svc of t he oppo to file and serve a reply. P shall have 20 days to file and serve a reply in support of the mtn for leave to conduct disc. If the court grants P leave to conduct disc, the court will then establish time limits for the completion of the auth disc. If P wishes to request an evidentiary hrg, P shall file and serve a mtn for an evidentiary hrg concurrently with, but separate from, the resp to Rs mtn to dismiss or the reply to Rs answer. P shall have 20 days to file and serve a reply in support of the mtn for an evidentiary hrg. Signed by Judge Robert C. Jones on 8/23/2010. (Copies have been distributed pursuant to the NEF - PM)
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Filing
17
ORDERED that a Telephonic Scheduling Conference is set for 8/13/2010 09:00 AM re whether the completed state-court record has been obtained. Counsel shall be prepared to discusss the schedule for further litigation of this action. ( see pdf order for specifics ) Signed by Judge Robert C. Jones on 5/3/2010. (Copies have been distributed pursuant to the NEF - DRM)
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