David Michael Pellegrini vs. E.K. McDaniel, et al (DEATH PENALTY)
| 2:2001cv01382 |
| November 21, 2001 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Lawrence R. Leavitt |
| Philip M. Pro |
| Death Penalty - Habeas Corpus |
| 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
143
ORDER - this action is dismissed, pursuant to Federal Rule of Civil Procedure 41(b), on account of Petitioner's failure to prosecute and failure to comply with the Court's orders. As jurists of reason would not find this ruling debatable, Petitioner is denied a certificate of appealability. The Clerk of the Court is directed to enter judgment accordingly. Signed by Judge Howard D. McKibben on 7/12/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
141
ORDER granting ECF No. 140 Motion to Extend Time : Petitioner's surreply regarding the order to show cause (ECF No. 132 ) will be due on July 7, 2021. Signed by Judge Howard D. McKibben on 7/1/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
137
ORDER granting ECF No. 136 Motion to Extend Time. Respondents' reply to Petitioner's response (ECF No. 133 ) to the order to show cause (ECF No. 132 ) will be due on June 14, 2021. Signed by Judge Howard D. McKibben on 6/9/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
132
ORDERED that the stay of this action is lifted. Clerk of the Court is directed to administratively reopen this case. IT IS FURTHER ORDERED that Petitioner will have 30 days from the date of this order (5/7/2021) to show cause why this action should not be dismissed for failure to prosecute and/or for failure to comply with the Court's orders. Respondents will have 30 days to file a response, and Petitioner will then have 15 days to file a reply. IT IS FURTHER ORDERED that P atricia Erickson's Motion to Withdraw as Counsel and Request Appointment of New Counsel (ECF No. 130 ) is DENIED. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), Tim Garrett is substituted for E.K. M cDaniel as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. Signed by Judge Howard D. McKibben on 4/7/2021. (Copies have been distributed pursuant to the NEF - DRM) Modified on 4/8/2021 to activate hyperlink (DRM).
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Filing
129
ORDER - On or before March 1, 2021, Petitioner shall file a status report, describing the status of his state-court proceedings. Petitioner shall thereafter resume filing status reports every six months (on or before the first day of September 2021, March 2022, etc.). Respondents may file and serve a response to any such status report within 20 days. Petitioner may reply within 15 days after Respondents' response. Signed by Judge Howard D. McKibben on 2/8/2021. (Copies have been distributed pursuant to the NEF - AB)
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