Barron-Aguilar v. Wickham et al
| Tito Barron-Aguilar |
| Nevada Attorney General and Harold Wickham |
| 3:2017cv00548 |
| September 8, 2017 |
| 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
103
ORDER - The Motion for Reconsideration (ECF No. 91 ) is denied. Petitioner's Motion to Extend (ECF No. 101 ) is granted nunc pro tunc. A certificate of appealability is denied. Signed by Chief Judge Miranda M. Du on 3/18/2024. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
98
ORDER granting 97 Motion to Extend Time; ORDER finding as moot 96 Motion to Extend Time; Re: 91 Motion for Reconsideration Responses due by 6/7/2023. Signed by Chief Judge Miranda M. Du on 6/6/2023. (no image attached) (Copies have been distributed pursuant to the NEF - LG)
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Filing
95
ORDER granting ECF No. 94 Motion to Extend Time: Respondents have until 5/25/2023 to file their response re ECF No. 91 Motion for Reconsideration. Signed by Chief Judge Miranda M. Du on 5/16/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
88
ORDER DENYING ECF No. 38 re: Petitioner's second amended petition and ECF No. 81 Motion for Discovery. It is further ordered that a certificate of appealability is denied. The Clerk of Court is directed to substitute Gabriela Najera for Respondent Kyle Olsen, enter judgment accordingly, and close this case. Signed by Chief Judge Miranda M. Du on 4/3/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
83
ORDER granting ECF No. 82 Motion to Extend Time : Response to ECF No. 81 Motion for Discovery and Evidentiary Hearing due by 3/2/2023. Signed by Chief Judge Miranda M. Du on 1/31/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
78
ORDER granting ECF No. 77 Motion to Extend Time : Reply to ECF No. 69 Answer due by 1/17/2023. Signed by Chief Judge Miranda M. Du on 1/3/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
76
ORDER - Petitioner Barron-Aguilar's Unopposed Motion for Extension of Time to File Reply to Respondents' Answer to Second Amended Petition (ECF No. 75 ) is granted. Petitioner has until January 2, 2023, to respond to the Answer to Second Amended Petition (ECF No. 69 ). Signed by Chief Judge Miranda M. Du on 10/4/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
74
ORDER - It is therefore ordered that Petitioner Tito Barron-Aguilars motion to strike procedural defense (ECF No. 70 ) is denied. It is further ordered that Petitioners motion to extend (ECF No. 73 ) is granted. Petitioner has until October 4, 2022, to file his reply. (Reply to ECF No. 69 due by 10/4/2022.) Signed by Chief Judge Miranda M. Du on 8/4/2022. (Copies have been distributed pursuant to the NEF - CJD) Modified on 8/4/2022 (CJD).
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Filing
68
ORDER - Respondents' sixth motion for enlargement of time (ECF No. 67 ) is granted. Respondents have until February 10, 2022 to answer Petitioner Tito Barron-Aguilar's second amended petition for writ of habeas corpus (ECF No. 38 ). Respondents' fifth motion for enlargement of time (ECF No. 66 ) is denied as moot. Signed by Chief Judge Miranda M. Du on 2/9/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
65
ORDER granting ECF No. 64 Motion to Extend Time : Answer/response to ECF No. 38 Second Amended Petition due by 1/27/2022. Signed by Chief Judge Miranda M. Du on 1/12/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
63
ORDER - Respondents' unopposed third motion for enlargement of time (ECF No. 62 ) is granted. Respondents have until December 27, 2021, to answer Petitioner Tito Barron-Aguilar's second amended petition for writ of habeas corpus (ECF No. 38 ). Signed by Chief Judge Miranda M. Du on 12/21/2021. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
61
ORDER granting ECF No. 60 Unopposed Motion to Extend Time (Second Request). Respondents have until December 13, 2021, to answer Petitioner Tito Barron-Aguilar's second amended petition for writ of habeas corpus (ECF No. 38 ). Signed by Chief Judge Miranda M. Du on 11/12/2021. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
59
ORDER - Respondents' unopposed first motion for enlargement of time (ECF No. 58 ) is granted. Respondents have until October 14, 2021, to answer Petitioner Tito Barron-Aguilar's second amended petition for writ of habeas corpus (ECF No. 38 ). Signed by Chief Judge Miranda M. Du on 10/5/2021. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
57
ORDERED that Respondents' motion to dismiss (ECF No. 43 ) is denied as follows: 1. Respondents' request to dismiss Ground C as procedurally barred is denied. 2. Respondents' request to dismiss Grounds D and E is denied without prejudice. A decision on whether Petitioner can demonstrate cause and prejudice under Martinez as to Grounds D and E is deferred until after the parties have answered and replied. It is further ordered that Respondents shall file an answer to the Second Amended Petition (ECF No. 38 ) within 60 days of entry of this order (8/28/2021). Petitioner will have 60 days following service of the answer to file and serve a reply brief. Signed by Chief Judge Miranda M. Du on 6/29/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
55
ORDER granting ECF No. 54 Motion to Extend Time. Respondents have until February 19, 2021, to file a reply in support of the Motion to Dismiss (ECF No. 43 ). Signed by Chief Judge Miranda M. Du on 1/15/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
52
ORDER - Respondents' Motion to Seal (ECF No. 48 ) is granted. Exhibit C (ECF No. 48 -1) is considered properly filed under seal. Respondents must serve Barron-Aguilar's counsel with a copy of Respondents' Motion to Seal (ECF N o. 48 ) with its sealed exhibit in accordance with LR IA 4-1(c)(4) by December 23, 2020. Clerk is directed to unseal the Motion to Seal (ECF No. 48 ), leaving the attached exhibit (ECF No. 48 -1) under seal. Respondents' Motion for Enlargement of Time (ECF No. 50 ) is granted. Respondents have until January 14, 2021, to file a reply in support of Respondents' Motion to Dismiss (ECF No. 43 ). Signed by Chief Judge Miranda M. Du on 12/16/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
42
ORDER granting ECF No. 41 Motion to Extend Time re ECF No. 38 Second Amended Petition. Answer/response due by 11/23/2020. Signed by Chief Judge Miranda M. Du on 10/20/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
17
ORDER that ECF No. 16 Respondents' second unopposed motion for enlargement of time to file a response to ECF No. 11 Amended Petition is granted. Response/answer due by 8/30/2018. Signed by Judge Miranda M. Du on 8/16/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
15
ORDER granting ECF No. 14 Motion for Enlargement of Time to respond to ECF No. 11 Amended Petition for Writ of Habeas Corpus. Respondents response/answer due 8/16/2018. Signed by Judge Miranda M. Du on 7/3/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
10
ORDER that the FPD, C.B. Kirschner, Esq., vice Megan C. Hoffman, Esq., is appointed as counsel for petitioner; petitioner to file an amended petition or seek other relief by 05/07/2018; respondents to file response to the amended petition or motion to dismiss within (60) days of service; petitioner may file a reply within (30) days of service of an answer; any procedural defenses raised by respondents must be raised together in a single consolidated motion to dismiss; any answer filed o n the merits, respondents must specifically cite to and address the applicable state court written decision and state court record materials, if any, regarding each claim within the response as to that claim; any state court record and related exhib its filed must be filed with a separate index of exhibits identifying the exhibits by number; the hard copy of any exhibits must be delivered to the Reno Clerk's Office. Signed by Judge Miranda M. Du on 1/25/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
4
ORDER that petitioner's ECF No. 1 IFP is denied as moot; Clerk directed to file the petition and accompanying motion for appointment of counsel; motion for appointment of counsel is granted; FPD provisionally appointed as couns el and has (30) days to undertake direct representation of petitioner or indicate to the Court inability to represent petitioner; respondents to be electronically served with any papers filed through counsel; Clerk directed to add AG as counsel for r espondents and e-serve copy of this order on AG (e-served 12/06/2017); AG to enter notice of appearance 12/27/2017; Clerk directed to send copy of order to petitioner, AG, FPD and CJA Coordinator (mailed to P and e-serve on 12/06/2017); Clerk to provide all prior filings to both the AG and FPD (NEF regenerated on 12/06/2017). Signed by Judge Miranda M. Du on 12/6/2017. (Copies have been distributed pursuant to the NEF - KW)
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