Cobb v. McDaniels et al
Petitioner: Delbert Charles Cobb
Respondent: E.K. McDaniels and Nevada Attorney General
Case Number: 3:2015cv00172
Filed: March 23, 2015
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: William G. Cobb
Presiding Judge: Miranda M. Du
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
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
October 11, 2023 Opinion or Order Filing 122 ORDERED that Petitioner Cobb's petition for a writ of habeas corpus under 28 U.S.C. § 2254 (ECF No. 17 ) is denied. It is further ordered that a certificate of appealability will not issue.The Clerk of Court is directed to substitute W.A. Gittere for Respondent E.K. McDaniels, enter judgment accordingly, and close this case. Signed by Chief Judge Miranda M. Du on 10/11/2023. (Copies have been distributed pursuant to the NEF - DRM)
April 26, 2023 Opinion or Order Filing 119 ORDER - It is therefore ordered that Petitioner's unopposed motion for extension of time to file a reply in support of the petition (ECF No. 118 ) is granted. The deadline to file the reply is extended to May 8, 2023 (5/8/2023). Signed by Chief Judge Miranda M. Du on 4/26/2023. (Copies have been distributed pursuant to the NEF - CJS)
January 25, 2023 Opinion or Order Filing 116 ORDER - It is therefore ordered that Respondents' unopposed third motion for extension of time to file an answer (ECF No. 115 ) is granted. The deadline to file the answer is extended to March 9, 2023 (3/9/2023). Signed by Chief Judge Miranda M. Du on 1/25/2023. (Copies have been distributed pursuant to the NEF - CJS)
December 8, 2022 Opinion or Order Filing 114 ORDER granting 113 Motion to Extend Time; Re: 17 Amended Petition for Writ of Habeas Corpus Deadline set in Habeas Corpus case - Answer due 1/23/2023. Signed by Chief Judge Miranda M. Du on 12/8/2022. (Copies have been distributed pursuant to the NEF - LG)
October 24, 2022 Opinion or Order Filing 112 ORDER granting ECF No. 111 Motion to Extend Time. The deadline to file the answer is extended to December 8, 2022, re ECF No. 17 Amended Petition for Writ of Habeas Corpus (12/8/2022). Signed by Chief Judge Miranda M. Du on 10/24/2022. (Copies have been distributed pursuant to the NEF - CJS)
August 25, 2022 Opinion or Order Filing 110 ORDER - Respondents' motion to dismiss (ECF No. 85 ) is granted in part and denied in part as detailed herein. Respondents have 60 days from the date this order is entered (10/24/2022) within which to file an answer to the remaining g rounds in the second-amended petition (ECF No. 17 ). Petitioner has 45 days following service of Respondents' answer in which to file a reply. Signed by Chief Judge Miranda M. Du on 8/25/2022. (Copies have been distributed pursuant to the NEF - DRM)
March 7, 2022 Opinion or Order Filing 107 ORDER - Respondents' unopposed motion for enlargement of time (fourth request) (ECF No. 106 ) is granted. Respondents will have up to and includingMarch 7, 2022, to file a reply to the opposition to the motion to dismiss. Signed by Chief Judge Miranda M. Du on 3/7/2022. (Copies have been distributed pursuant to the NEF - HKL)
February 14, 2022 Opinion or Order Filing 105 ORDER granting ECF No. 104 Motion for enlargement of time. Respondents will have up to and including March 3, 2022, to file a reply to the opposition (ECF No. 95 ) to the motion to dismiss (ECF No. 85 ). Signed by Chief Judge Miranda M. Du on 2/14/2022. (Copies have been distributed pursuant to the NEF - HKL)
January 4, 2022 Opinion or Order Filing 102 ORDER granting ECF No. 101 Motion to Extend Time : Reply to ECF No. 95 Response re ECF No. 85 Motion to Dismiss due by 2/10/2022. Signed by Chief Judge Miranda M. Du on 1/4/2022. (Copies have been distributed pursuant to the NEF - DRM)
November 10, 2021 Opinion or Order Filing 100 ORDER - Cobb's motion for leave to file petitioner's opposition to motion to dismiss in excess of the page limit (ECF No. 97 ) is granted. Respondents' unopposed motion for enlargement of time (first request) (ECF No. 99 ) is granted. Respondents will have up to and including December 27, 2021, to file a reply to the opposition to the motion to dismiss. Signed by Chief Judge Miranda M. Du on 11/10/2021. (Copies have been distributed pursuant to the NEF - HKL)
October 6, 2021 Opinion or Order Filing 94 ORDER granting ECF No. 93 Motion to Extend Time : Response to ECF No. 85 Motion to Dismiss due by 11/4/2021. Signed by Chief Judge Miranda M. Du on 10/6/2021. (Copies have been distributed pursuant to the NEF - DRM)
September 7, 2021 Opinion or Order Filing 84 ORDER granting ECF No. 83 respondents' unopposed motion for enlargement of time. Respondents will have up to and including September 21, 2021, to respond to the second amended petition (ECF No. 17 ). Signed by Chief Judge Miranda M. Du on 9/7/2021. (Copies have been distributed pursuant to the NEF - SC)
March 29, 2018 Opinion or Order Filing 77 ORDER that petitioner's motion for stay and abeyance (ECF No. 69 is granted; this action is stayed pending exhaustion of the unexhausted claims; Clerk directed to administratively close this action until such time as the Court grants a motion to reopen. Signed by Judge Miranda M. Du on 3/29/2018. (Copies have been distributed pursuant to the NEF - LH)
March 28, 2017 Opinion or Order Filing 66 ORDER - Respondents' motion to dismiss (ECF No. 32) is granted in part. Grounds 2, 4, 5, 7, 13, 3 in part, and 14 in part are unexhausted. Petitioner will have until 4/27/2017 to file a motion for dismissal without prejudice of the entire peti tion, for partial dismissal of grounds 2, 4, 5, 7, 13, 3 in part, and 14 in part, or for other appropriate relief. Within 10 days of filing such motion, petitioner must file a signed declaration under penalty of perjury as specified herein. Petitioner's motion for evidentiary hearing (ECF No. 51 ) is denied. Signed by Judge Miranda M. Du on 3/28/2017. (Copies have been distributed pursuant to the NEF - DRM)
August 16, 2016 Opinion or Order Filing 49 ORDER granting ECF No. 46 motion for waiver of compliance; granting ECF No. 47 motion to extend time re ECF No. 32 motion to dismiss (response due by 8/17/2016); and granting ECF No. 48 motion for leave to exceed page limit. Signed by Judge Miranda M. Du on 8/16/16. (Copies have been distributed pursuant to the NEF - JC)
June 7, 2016 Opinion or Order Filing 31 ORDER - Answer/response to ECF No. 17 Second Amended Petition due by 7/22/2016. Reply due 45 days thereafter. Signed by Judge Miranda M. Du on 6/7/2016. (Copies have been distributed pursuant to the NEF - DRM)
June 19, 2015 Opinion or Order Filing 4 ORDER Clerk shall file petition, motion to expand record, motion for appointment of counsel, and motion to file excess pages. FPD provisionally appointed as counsel for petitioner. FPD shall have 30 days to undertake direct representation or indicate inability to do so. If FPD does undertake representation, amended petition due within 60 days. Clerk shall add AG as counsel for respondents and electronically serve counsel copy of petition and copy of this order (served via NEF 6/19/15) . Respondents' counsel shall enter notice of appearance within 20 days. Hard copy of state court exhibits shall be forwarded to staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 6/19/15. (Copies have been distributed pursuant to the NEF - JC)
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Petitioner: Delbert Charles Cobb
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Respondent: E.K. McDaniels
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Respondent: Nevada Attorney General
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