McClain v. LeGrand et al
| James David McClain |
| Robert LeGrand and Nevada Attorney General |
| 3:2014cv00269 |
| May 23, 2014 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Miranda M. Du |
| 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
139
ORDER - Respondents have filed a notice of satisfaction of judgment. (ECF No. 137 .) They note that, in accordance with the conditional writ issued on March 18, 2021 (ECF No. 129 ), Petitioner James McClain has been retried. (Id. at 1-2.) Responden ts ask this Court to order the conditional writ satisfied. (Id.) Petitioner does not oppose. (Id.) It is therefore ordered that the conditional writ in this action is satisfied. Signed by Chief Judge Miranda M. Du on 12/7/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
136
ORDER - The parties' Stipulation to Alter or Amend Judgment (ECF No. 135 ), treated as a joint motion to alter or amend the judgment, is granted, nunc pro tunc to July 6, 2021. The time to commence jury selection in a retrial pur suant to the judgment herein is extended up to and including Monday, November 29, 2021, taking into account the Thanksgiving and Family Day legal holidays in Nevada. Signed by Chief Judge Miranda M. Du on 8/26/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
134
ORDER - McClain's petition for a writ of mandamus (ECF No. 132 ) is denied without prejudice on the showing made and as an improper filing in proper person. Respondents motion to strike (ECF No. 133 ) is denied without prejudice . McClain's counsel, within 14 days of entry of this order,will review the status of the federal and related state court proceedings and will consult with McClain, together with any state court counsel for him if and as necessary. Signed by Chief Judge Miranda M. Du on 6/11/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
129
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER - The petition for a writ of habeas corpus, as amended (ECF No. 69 ), is conditionally granted as specified herein. The Clerk of Court is directed to enter final judgment accordingly, conditiona lly granting the petition for a writ of habeas corpus as provided herein verbatim and close this case. The Clerk of Court is further directed to substitute Perry Russell for Robert LeGrand as Respondent. The Clerk of Court is further directed to p rovide a copy of this order and the judgment to the Clerk of the Tenth Judicial District Court, in connection with that court's Case No. 37877. (Mailed to Clerk, Tenth Judicial District Court on 3/18/2021.) Signed by Chief Judge Miranda M. Du on 3/18/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
108
ORDER - The Nevada Department of Corrections will transport the following inmate to the Bruce R. Thompson Federal Courthouse, 400 South Virginia Street, Reno NV, to personally attend the evidentiary hearing scheduled for September 23 and 24, 2020, at 9:00 AM in Reno Courtroom 5 before the Honorable Miranda M. Du: James David McClain, NDOC #1088639. Clerk shall provide a copy of this order to the USM Reno Office (Electronic Service via email on 8/28/2020). Signed by Chief Judge Miranda M. Du on 8/28/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
103
ORDER granting ECF No. 102 Motion to Continue evidentiary hearing. The evidentiary hearing set for 4/29/2020 and 4/30/2020 is continued to 7/22/2020 at 9:00 AM in Reno Courtroom 5 before Chief Judge Miranda M. Du. If required, the hearing wil l continue into 7/23/2020. The schedule contained in ECF NO. 96 ) is adjusted accordingly. Exchange of Preliminary Witness and Exhibit Lists and Stipulations no later than 21 days prior to hearing.Final Witness and Exhibit Lists and Evidentiary Objections due no later than 14 days prior to hearing.Length of Hearing; Interpreters; Other Housekeeping Matters: contact Courtroom Administrator Peggie Vannozzi at 775-686-5839 (or by email at Peggie_vannozzi@nvd.uscourts.gov) r egarding same no later than 21 days prior to hearing.Prisoner Transport Order and Subpoenas of Non-Prisoner Witnesses due no later than 14 days before hearing.Prehearing Memoranda due no later than seven calendar days prior to hearing. Exhibit Binders due on the morning of hearing. Signed by Chief Judge Miranda M. Du on 3/18/2020. (Copies have been distributed pursuant to the NEF - PAV)
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Filing
96
ORDER terminating show-cause inquiry initiated by ECF No. 93 Order; granting Petitioner's ECF No. 90 Motion for Hearing: Evidentiary Hearing set for 2/19/2020 at 9:00 AM in Reno Courtroom 5 before Chief Judge Miranda M. Du.Exchange of Preliminary Witness and Exhibit Lists and Stipulations no later than 21 days prior to hearing.Final Witness and Exhibit Lists and Evidentiary Objections due no later than 14 days prior to hearing.Length of Hearing; Interpreters; Ot her Housekeeping Matters: contact Courtroom Administrator Peggie Vannozzi at 775-686-5839 regarding same no later than 21 days prior to hearing.Prisoner Transport Order and Subpoenas of Non-Prisoner Witnesses due no later than 14 days before heari ng.Prehearing Memoranda due no later than seven calendar days prior to hearing. Exhibit Binders due on the morning of hearing. See order PDF for details. Signed by Chief Judge Miranda M. Du on 12/13/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
93
ORDER that Petitioner has until 10/30/2019 to show cause why the petition, as amended, should not be dismissed for lack of exhaustion and/or to file a motion for a stay; the parties respectively may file memoranda addressing any show-cause res ponse filed and/or any motion filed per the usual time periods; Petitioner's motion for an evidentiary hearing (ECF No. 90 ) will remain under submission in the meantime; Respondents' motion for enlargement of time (ECF No. 87 ) is granted nunc pro tunc in connection with the answer (ECF No. 88 ) filed on July 23, 2019. Signed by Chief Judge Miranda M. Du on 9/30/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
86
ORDER granting ECF No. 85 Respondents' motion for enlargement of time; Respondent's answer due by 7/22/2019. Signed by Judge Miranda M. Du on 7/9/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
84
ORDER that Respondents' answer is due by 7/7/2019; Petitioner will have 30 days from service of the answer within which to file a reply. See order pdf for further details and instructions. Signed by Judge Miranda M. Du on 6/7/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
82
ORDER granting in part and denying in part ECF No. 75 Motion to Dismiss; this action will be dismissed without prejudice unless petitioner either seeks a stay and/or other appropriate relief or files an unequivocal stipulation as specified in order by 5/16/2019. Signed by Judge Miranda M. Du on 4/16/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
80
ORDER granting ECF No. 79 Respondents' motion for enlargement of time to file a reply in support of their motion to dismiss (ECF No. 75 ). Reply due by 2/25/2019. Signed by Judge Miranda M. Du on 2/5/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
77
ORDER that Respondents' motion for enlargement of time (ECF No. 74 ) is granted nunc pro tunc; Petitioner's motion for an extension of time (ECF No. 76 ) is granted nunc pro tunc; Petitioner will have up to and including January 28, 2019, within which to file a response to Respondents' motion to dismiss (ECF No. 75 ). Signed by Judge Miranda M. Du on 1/9/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
73
ORDER granting ECF Nos. 62 Motion to File Supplemental Exhibits, 64 Motion to Seal and 71 Motion to Seal. Signed by Judge Miranda M. Du on 11/6/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
68
ORDER that McClain to file Second Amended Petition due by 10/14/2018; Respondents will have (30) days from service to file a response, including motion to dismiss; McClain will have (30) days from service of the answer to file a reply along wi th a separate motion for an evidentiary hearing; Local Rule 7-2 will govern the response times to any motions filed, including motion to dismiss; McClain's motions to file supplemental exhibits and to seal ECF Nos. 62 and 64 remain pending at this time. Signed by Judge Miranda M. Du on 9/14/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
56
ORDER that the Court finds that oral argument would assist it in addressing the pending amended petition; McClain to file his pre-hearing brief by 08/15/2018; Respondents will have 14 days from the filing of McClains brief to file their pre-hearing brief; a separate minute order scheduling the hearing will be issued. Signed by Judge Miranda M. Du on 7/31/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
50
ORDER granting Petitioner's ECF No. 49 Motion to Extend Time re ECF No. 46 Answer to ECF No. 16 Amended Petition: Reply due by 1/23/2017. Signed by Judge Miranda M. Du on 12/27/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing
40
ORDER granting in part ECF No. 25 Motion to Dismiss (Ground 1 dismissed); denying ECF No. 32 Motion for Evidentiary Hearing; and directing respondents to file answer within 45 days. Reply due 45 days thereafter. Signed by Judge Miranda M. Du on 7/28/16. (Copies have been distributed pursuant to the NEF - JC)
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Filing
20
ORDER granting Petitioner's 18 Motion to Seal; directing Respondents to respond to 16 Amended Petition within 45 days. Petitioner to reply within 45 days thereafter. Signed by Judge Miranda M. Du on 6/18/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
15
ORDER granting 12 Motion for Leave to File First Amended Petition. Amended Petition due by 3/23/2015. Signed by Judge Miranda M. Du on 2/5/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
4
ORDER Motion/Application for Leave to Proceed in forma pauperis 1 is granted. Clerk shall file petition and motion for appointment of counsel. Motion for appointment of counsel is granted. FPD provisionally appointed. FPD shall ha ve 30 days to undertake representation of petitioner or indicate inability to do so. Clerk shall add AG as counsel for respondents. Clerk shall electronically serve AG and FPD copy of petition and copy of this order (served via NEF 9/23/14). Respon dents' counsel shall enter notice of appearance within 20 days. Hard copy of state court record exhibits shall be forwarded to staff attorneys in Las Vegas. Motion for production of transcripts 3 is denied as moot. Signed by Judge Miranda M. Du on 9/23/14. (Copies have been distributed pursuant to the NEF - JC)
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