Volpicelli v. LeGrand et al
| Ferrill Joseph Volpicelli |
| Robert LeGrand and Nevada Attorney General |
| 3:2014cv00579 |
| November 13, 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
130
ORDER - Volpicelli's motion to alter or amend judgment under Fed. R. Civ. P. 59(e) (ECF No. 125 ) is denied. A certificate of appealability is denied as jurists of reason would not find it debatable whether this Court erred in d enying post-judgment relief. Volpicelli's motion for extension of time (ECF No. 122 ) is denied as moot. Volpicelli's motion for the Clerk of Court to electronically serve filed documents (ECF No. 124 ) is denied without prejudice to Volpicelli identifying the specific documents he is requesting in this case. Signed by Chief Judge Miranda M. Du on 2/24/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
97
ORDER denying Petitioner's ECF Nos. 85 Motion for Reconsideration, 86 Motion for Leave to File a Memorandum of Points and Authorities, and 87 Motion for Extension of Time; granting Petitioner's ECF No. 88 Motion for L eave to Appeal IFP, construing it as a notice of appeal and directing Clerk to process it accordingly; denying without prejudice Petitioner's ECF No. 89 Motion for Appointment of Counsel. Signed by Chief Judge Miranda M. Du on 8/5/2020. (Copies have been distributed pursuant to the NEF - KR)
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Filing
83
ORDER that Respondents' motion to dismiss (ECF No. 68 ) is granted; the amended petition for writ of habeas corpus (ECF No. 49 ) is dismissed; a certificate of appealability is denied; Clerk directed to enter judgment acco rdingly and close this case; Respondents' motions for extension of time (ECF Nos. 79 , 80 ) are granted nunc pro tunc as of their respective filing dates. Signed by Chief Judge Miranda M. Du on 2/18/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
77
SCHEDULING ORDER giving Petitioner 60 days to file a response to ECF No. 68 Motion to Dismiss and giving Respondents 30 days thereafter to file a reply; granting nunc pro tunc as of their respective filing dates ECF Nos. 65 - 67 Motions for Extensions of Time; striking ECF No. 76 Minute Order. Signed by Judge Miranda M. Du on 6/4/2019. (Copies have been distributed pursuant to the NEF - KR) Modified on 6/4/2019 to clarify (KR).
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Filing
64
ORDER that, with Petitioner's clarification, Respondents' motion for more definite statement (ECF No. 59 ) is denied as moot; Respondents' answer/response to Petitioners amended petition (ECF No. 49 ) is due by 4/1/2019. Signed by Judge Miranda M. Du on 1/31/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
58
ORDER that Respondents' motion to strike ECF No. 53 is denied; Court will not isue the subpoenas attached to Petitioner's letter ECF No. 52 ; Respondents' first motion for extension of time to respond to the amended petition ECF No. 54 is granted nunc pro tunc; Respondents' second motion for extension of time to respond to the amended petition ECF No. 56 is granted; Respondents' deadline to respond to Petitioner's amended petition ECF No. 49 is 11/15/2018; Clerk directed to send Petitioner a copy of the amended petition ECF No. 49 and a copy of the docket sheet (mailed on 10/19/2018). Signed by Judge Miranda M. Du on 10/19/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
50
ORDER that respondents' answer/response to the amended petition (ECF No. 49 ) is due by 8/7/2018; petitioner will have 60 days from service of answer or motion to dismiss to file a reply or opposition; any additional state court record exhibits filed herein; hard copies to be forwarded to Reno Staff Attorneys. See Order for further details and instructions. Signed by Judge Miranda M. Du on 5/9/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
48
ORDER that Petitioner will have until 05/23/2018 to file an amended petition; petitioner is not required to resubmit exhibits; failure to respond to order, Court will dismiss case, without prejudice; Clerk directed to send petitioner a noncap ital § 2254 habeas petition form and instructions together with initial petition ECF No.[ 6], pp. 1-128 and additional claims ECF Nos. 9 / 43 (mailed on 04/23/2018); respondents will not be required to respond to amended petition until directed by Court; petitioners motion for leave to supplement petition ECF No. 44 and motion to strike ECF No. 45 are denied. Signed by Judge Miranda M. Du on 4/23/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
25
ORDER - Petitioner's motion for stay (ECF No. 22 ) is granted. This action is stayed pending exhaustion of petitioners unexhausted claims. The grant of a stay is conditioned upon petitioner returning to federal court with a motion to reopen wi thin 45 days of issuance of the remittitur. Clerk shall administratively close this action until such time as the Court grants a motion to reopen the matter. Respondents' motion for extension of time (ECF No. 23 ) is granted nunc pro tunc as of December 27, 2016. Signed by Judge Miranda M. Du on 4/3/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
20
ORDER Petitioners motion to re-open case ECF No. 19 is granted. Clerk directed to add AG as counsel for Respondents, and electronically serve a copy of thePetition ECF No. 6 and this order upon the Respondents (Petition ECF No. 6 to AG via NEF regeneration 11/17/2016). It is further ordered that, Petitioner must show cause in writing why the claims in his petition should not be dismissed by 12/17/2016 (see Order for requirements). If petitioner does not timely respond to t his order, the petition will be dismissed with prejudice without further advance notice. Respondents' counsel must enter a notice of appearance within twenty (20) days of the entry of this order, but need not take further action in the case unless and until the Court so orders. See order for further details and information. Signed by Judge Miranda M. Du on 11/17/2016. (Copies have been distributed pursuant to the NEF - KW)
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Filing
18
ORDER denying as moot Petitioner's 8 , 11 , and 12 Motions. Signed by Judge Miranda M. Du on 3/17/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing
5
ORDER directing Clerk to file the 1 -1, 1 -2 petition; dismissing without prejudice the petition; directing Clerk to enter judgment accordingly; denying a certificate of appealability; denying as moot the 1 IFP application and 4 motion for appointment of counsel. Signed by Judge Miranda M. Du on 5/15/2015. (Copies have been distributed pursuant to the NEF - KR)
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