Palmer v. Filson et al
| Markiece Palmer |
| Timothy Filson and Nevada Attorney General |
| 3:2018cv00245 |
| May 29, 2018 |
| 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
95
ORDER DENYING SECOND AMENDED PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2254 (ECF No. 58 ). IT IS THEREFORE ORDERED that the Second Amended Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 (ECF No. 58 is d enied. IT IS FURTHER ORDERED that a certificate of appealability is denied. IT IS FURTHER ORDERED that the motion for an evidentiary hearing (ECF No. 87 ) is denied. IT IS FURTHER ORDERED that the Clerk of Court enter judgment accordingly and close this case. Signed by Judge Howard D. McKibben on 3/14/2024. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
93
ORDER granting ECF No. 92 Motion to Extend Time. Reply re ECF No. 87 Motion for Evidentiary Hearing is due by 12/8/2023. Signed by Judge Howard D. McKibben on 11/14/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
89
ORDER granting ECF No. 88 Unopposed Motion for Extension of Time. Respondents will have up to and including November 2, 2023, to file their response to Petitioner's motion for an evidentiary hearing (ECF No. 87 ). Signed by Judge Howard D. McKibben on 10/20/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
85
ORDER granting ECF No. 84 Motion to Extend Time. Petitioner will have up to and including October 5, 2023, to file his reply to the second amended petition. Signed by Judge Howard D. McKibben on 9/8/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
83
ORDER - IT IS THEREFORE ORDERED that Petitioner's unopposed motion for extension of time (ECF No. 82 ) is GRANTED. Petitioner will have up to and including September 5, 2023, to file his reply to the second amended petition. Signed by Judge Howard D. McKibben on 7/17/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
76
ORDER GRANTING ECF No. 75 Motion to Extend Time: Respondents will have up to and including May 22, 2023, to file their answer to the second amended petition (ECF No. 58 ). Signed by Judge Howard D. McKibben on 5/8/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
74
ORDER GRANTING ECF No. 73 Motion to Extend Time. Respondents will have up to and including May 8, 2023, to file their answer to the second amended petition. Signed by Judge Howard D. McKibben on 4/3/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
72
ORDER granting ECF No. 71 Motion to Extend Time (Second Request). Respondents will have up to and including 3/23/2023, to file their answer to the second amended petition. Signed by Judge Howard D. McKibben on 2/10/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
70
ORDER granting ECF No. 69 Motion to Extend Time : Answer to ECF No. 58 Second Amended Petition due 2/6/2023. Signed by Judge Howard D. McKibben on 12/27/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
68
ORDER - IT IS THEREFORE ORDERED that Respondents motion to dismiss (ECF No. 61 ) is GRANTED IN PART AND DENIED IN PART as detailed herein. It IS FURTHER ORDERED that Respondents' motions for enlargement of time to file a reply in suppor t of the motion to dismiss second amended petition (ECF Nos. 64 and 65 ) are granted nunc pro tunc to May 31, 2022, and the reply in support of motion to dismiss the second amended petition (ECF No. 67 ) is deemed timely filed. IT IS FURTHER IS ORDERED that Respondents will have 120 days from the date of this order to file an answer or otherwise respond to Palmer's remaining claims in the second amended petition (ECF No. 58 ) (12/23/2022). In all other respe cts, the schedule for further proceedings set forth in the scheduling order entered May 14, 2021 (ECF No. 54 ) will remain in effect. IT IS FURTHER ORDERED that the Clerk of the Court is directed to substitute Tim Garrett for Respondent William Gittere. Signed by Judge Howard D. McKibben on 8/25/2022. (Copies have been distributed pursuant to the NEF - CJD) Modified on 8/25/2022 (CJD).
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Filing
60
ORDER - Respondents' unopposed motion for enlargement of time to respond to the second amended petition (ECF No. 59 ) is GRANTED. Respondents shall respond to the petition on or before January 28, 2022. Signed by Judge Howard D. McKibben on 1/21/2022. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
49
ORDERED that petitioner's motion for stay and abeyance (ECF No. 47 ) is GRANTED. This action is STAYED pending the conclusion of petitioner's pending state court proceedings.The grant of a stay is conditioned upon petition er further litigating his state post-conviction petition or other appropriate proceeding in state court andreturning to federal court with a motion to reopen within 45 days of issuance of the remittitur.Respondents' motion to dismiss (ECF No. 30 ) is DENIED as moot and without prejudice to renewing the motion once the stay is lifted.The Clerk shall administratively close this action, until such time as the court grants a motion to reopen the matter. Signed by Judge Howard D. McKibben on 4/2/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
44
ORDER granting nunc pro tunc ECF Nos. 27 , 28 , 29 , 42 , and 43 as of their respective filing dates. Petitioner's opposition to respondents' motion to dismiss (ECF No. 30 ) is due March 20, 2020. Signed by Judge Howard D. McKibben on 3/10/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
26
ORDER that the petitioner's motions for extension of time (ECF Nos. 15 , 16 , and 17 ) are GRANTED nunc pro tunc as of their respective filing dates. Signed by Judge Howard D. McKibben on 6/6/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
13
ORDERED that the AFPD shall have forty-five (45) days from the date of entry of this order to file an amended petition for writ of habeas corpus, if counsel so chooses. Respondents shall file a response to the petition within ninety (90) days of the date on which the petitioner files an amended petition or the date on which the period for filing an amended petition expires. Any additional state court record exhibits filed herein by either petitioner or respondents shall be filed with a separate index of as specified herein. The hard copy of any additional state court record exhibits shall be forwarded for this case to the staff attorneys in Reno. Signed by Judge Howard D. McKibben on 7/25/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
9
ORDER directing Clerk to file ECF No. 1 -2 Motion for Appointment of Counsel; directing Clerk to add NV AG as counsel for Respondents and to e-serve them with this order and a copy of ECF No. 7 Petition (NEFs sent 7/3/2018); giving Respondents 20 days to appear; granting Petitioner's Motion for Appointment of Counsel, appointing FPD to represent Petitioner; directing Clerk to e-serve FPD copy of this order and the petition (NEFs sent 7/3/2018); giving FPD 20 days to file notice of appearance or indicate its inability to do so; denying Petitioner's ECF No. 4 Request for Writ of Coram Nobis and ECF No. 5 Request for Judicial Notice. Signed by Judge Howard D. McKibben on 7/3/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing
3
ORDERED that petitioner shall file an IFP application accompanied by a signed financial certificate and a statement of his inmate account, or pay the $5.00 filing fee, within 30 days. The Clerk shall send petitioner a blank application form for incarcerated litigants. (Mailed to P 6/6/2018.) IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies of a noncapital Section 2254 habeas petition form, a copy of the instructions for the form, and a copy of the papers that he submitted in this action. (Form, instructions, and papers mailed to P 6/6/2018.) Petitioner shall have 30 days to file his habeas petition on a fully-completed form. Signed by Judge Howard D. McKibben on 6/6/2018. (Copies have been distributed pursuant to the NEF - DRM)
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