Matlean v. Williams et al
| James Matlean |
| Nevada Attorney General and Brian Williams |
| 3:2016cv00233 |
| May 2, 2016 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Howard D. McKibben |
| 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
62
ORDER - Petitioner's motion to vacate judgment (ECF No. 57 ) is DENIED as set forth herein. A certificate of appealability is denied. Respondents' motion to relieve respondents from responding to future pro se pleadings (ECF No. 60 ) is GRANTED. Signed by Judge Howard D. McKibben on 10/13/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
50
ORDER that the second amended petition (ECF No. 19 ) is DENIED WITH PREJUDICE, and this action is therefore DISMISSED; Matlean's motion for evidentiary hearing (ECF No. 45 ) is DENIED; Matlean is DENIED a certificate of appealability; the Clerk of Court shall enter final judgment accordingly and CLOSE this case. Signed by Judge Howard D. McKibben on 3/9/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
47
ORDER granting ECF No. 46 Motion to Extend Time re ECF No. 45 Motion for evidentiary hearing. Response due by 1/21/2020. Signed by Judge Howard D. McKibben on 12/10/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
43
ORDER GRANTING Motion to extend time (ECF NO. 42 ) : Reply to ECF No. 40 Answer due by 12/6/2019. In addition, the court hereby GRANTS respondents' unopposed motions for extension of time to file the answer (ECF Nos. 38 & 39 ) nunc pro tunc to September 5, 2019. Finally, respondents' unopposed motion to seal Exhibits 27 and 28 (ECF No. 41 ) is GRANTED. The clerk of court is therefore directed to seal Exhibits 27 (ECF No. 23 -27) and 28 (ECF No. 23 -28), which respondents inadvertently filed unsealed. Signed by Judge Howard D. McKibben on 10/9/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
35
ORDER that petitioner's motion for reconsideration (ECF No. 30 ) is DENIED; respondents' motion for extension of time to respond to the motion for reconsideration (ECF No. 31 ) is GRANTED; petitioner's motion for leave to file notice of supplemental authorities (ECF No. 34 ) is GRANTED; Clerk directed to detach and file the notice of supplemental authorities and exhibit at ECF Nos. 34 -1 and 34 -2; respondents shall file an answer by 7/6/2019; petitioner shall have 30 days following service of respondents answer in which to file a reply. Signed by Judge Howard D. McKibben on 6/6/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
28
ORDER granting in part and denying in part ECF No. 22 Motion to Dismiss; Respondents to file answer to petition by 9/16/2018; petitioner to have (30) days following service of answer to file a reply. Signed by Judge Howard D. McKibben on 8/17/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
27
ORDER that petitioner's first and second motions for extension of time to file the second-amended petition (ECF Nos. 17 and 18 ) are GRANTED nunc pro tunc. Signed by Judge Howard D. McKibben on 2/6/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
15
ORDER directing counsel for Petitioner to meet with Petitioner as soon as reasonably possible. Amended petition due within 90 days, response due within 45 days thereafter, and reply due within 30 days after response. Any exhibits to be filed with s eparate index. Courtesy copies of any exhibits to be forwarded -- for this case -- to staff attorneys in Reno. Respondents' ECF No. 11 Motion for Extension of Time to File a Responsive Pleading is denied as moot. Signed by Judge Howard D. McKibben on 5/25/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing
12
ORDER - Petitioner's motion for appointment of counsel (ECF No. 10 ) is GRANTED. The Federal Public Defender for the District of Nevada (FPD) is appointed to represent petitioner. The Clerk shall ELECTRONICALLY SERVE the FPD a copy of this order, together with a copy of the amended petition for writ of habeas corpus (ECF No. 8 ). ( E-service 4/5/2017; Petition via NEF regeneration. ) The FPD shall have until 5/5/2017 to file a notice of appearance or to indicate to the court it s inability to represent petitioner in these proceedings. This court's order dated January 5, 2017 (ECF No. 9 ) is VACATED. No further action by respondents is required until further notice of this court. After counsel has appeared for petiti oner in this case, the court will issue a scheduling order, which will, among other things, set a deadline for the filing of a second-amended petition. Signed by Judge Howard D. McKibben on 4/5/2017. (Copies have been distributed pursuant to the NEF - DRM) Modified on 4/5/2017 to reflect courtesy copy mailed to P at SDCC on 4/5/2017. (DRM).
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Filing
9
ORDER - The Clerk shall E-SERVE the amended petition (ECF No. 8 ) on the respondents. (E-service via NEF regeneration 1/6/2017.) Clerk shall add AG, as counsel for respondents. Grounds 5, 7, and 11 of the first-amended petition are DISMISS ED as noncognizable in federal habeas corpus. Answer/response to the petition due by 4/6/2017. Reply due 45 days from service of answer. Any additional state court exhibits shall be filed with separate index as specified herein. The parties SHALL SEND courtesy copies of all exhibits to Reno "Staff Attorney" Signed by Judge Howard D. McKibben on 1/5/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
5
ORDER directing Clerk to file ECF No. 1 -1 Petition; giving Petitioner 45 days to file amended petition; directing Clerk to file ECF No. 1 -2 Motion for Stay and denying without prejudice the motion; directing Clerk to send Petitioner IFP and 2254 forms, instructions, and copy of papers he submitted in this action (mailed 11/2/2016). Signed by Judge Howard D. McKibben on 11/2/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing
3
ORDERED that within thirty (30) days of the date of this order petitioner shall submit either the $5.00 filing fee or a fully completed application to proceed in forma pauperis. IT IS FURTHER ORDERED that failure to do so may result in the dismissal of this action without prejudice. Signed by Judge Howard D. McKibben on 10/14/2016. (Copies have been distributed pursuant to the NEF - DRM)
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