STERLING ATKINS v. E.K. MCDANIEL (DEATH PENALTY)
| 2:2002cv01348 |
| October 11, 2002 |
| U.S. District Court for the District of Nevada |
| Las Vegas Office |
| Peggy A. Leen |
| James C. Mahan |
| 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
233
ORDER. IT IS ORDERED that 183 the Petitioner's Fourth Amended Petition for Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED 223 Petitioner's Motion for Evidentiary Hearing is DENIED. IT IS FURTHER ORDERED that the Clerk of the Court is directed to enter judgment accordingly. Signed by Judge James C. Mahan on 7/10/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing
229
ORDER. IT IS ORDERED that 228 Respondents' Motion for Enlargement of Time is GRANTED. Respondents will have until 1/18/19, to file their response to the petitioner's reply and their response to 223 the petitioner's motion for evidentiary hearing. Signed by Judge James C. Mahan on 1/3/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
227
ORDER granting 226 Motion for Enlargement of Time. Respondents will have until December 28, 2018, to file their response to the petitioner's reply and their response to the petitioner's motion for evidentiary hearing. FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered August 10, 2015 (ECF No. 167 ) will remain in effect. Signed by Judge James C. Mahan on 12/12/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
225
ORDER. IT IS ORDERED that 224 Respondents' Motion for Enlargement of Time is GRANTED. Respondents will have until 12/7/18, to file their response to the petitioners reply and their response to 223 the petitioner's motion for evident iary hearing. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), the Clerk of the Court shall substitute William Gittere, for Timothy Filson, on the docket for this case, as the respondent warden. Signed by Judge James C. Mahan on 9/27/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
221
ORDER. IT IS ORDERED that 220 petitioner's Motion for Extension of Time is GRANTED. Petitioner will have until 9/7/18, to file his reply. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in 167 the order entered 8/10/15 will remain in effect. Signed by Judge James C. Mahan on 5/25/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
218
ORDER. IT IS ORDERED that 217 respondents' Motion for Enlargement of Time is GRANTED. Respondents shall have until and including 4/13/18, to file their answer. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in 167 the order entered 8/10/15 shall remain in effect. Signed by Judge James C. Mahan on 2/16/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
216
ORDER. IT IS ORDERED that 215 respondents' Motion for Enlargement of Time is GRANTED. Respondents shall have until and including 2/12/18, to file their answer. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered 8/10/15 (ECF No. 167 ) shall remain in effect. Signed by Judge James C. Mahan on 11/28/2017. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
214
ORDER Granting in part and Denying in part Respondents' 192 Motion to Dismiss. Petitioner's 203 Motion for Evidentiary Hearing is Denied. Petitioner's 201 , 204 Renewed Motion for Leave to Conduct Discovery is Denied. Re spondents have 60 days from the date this Order is entered to file an Answer, responding to the remaining claims in Petitioner's 183 Fourth Amended Petition for Writ of Habeas Corpus. In all other respects the schedule for further proceedings in the 167 Order shall remain in effect. Signed by Judge James C. Mahan on 9/28/2017. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
208
ORDER. IT IS ORDERED that 207 respondents' Motion for Extension of Time is GRANTED IN PART AND DENIED IN PART. Respondents shall have until 7/21/17, to file a reply in support to 192 their motion to dismiss, and responses to 203 petiti oner's motion for evidentiary hearing and 204 motion for leave to conduct discovery. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in 167 the order entered 8/10/16 shall remain in effect. Signed by Judge James C. Mahan on 5/25/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
206
ORDER. IT IS ORDERED that 205 respondents' Unopposed Motion for Enlargement of Time is DENIED as unnecessary and moot. Respondents' reply in support of 192 their motion to dismiss, response to 204 petitioner's motion for leave to conduct discovery, and 203 response to motion for evidentiary hearing are due on 5/22/17. Signed by Judge James C. Mahan on 5/5/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
200
ORDER Denying 199 petitioner's Opposed Motion to Defer Filing of Motion for Evidentiary Hearing as unnecessary and moot. Signed by Judge James C. Mahan on 4/13/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
198
ORDER. IT IS THEREFORE ORDERED that 197 petitioner's Motion for Extension of Time is GRANTED. Petitioner shall have until 4/21/17, to respond to 192 the motion todismiss. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in 167 the order entered 8/10/16 shall remain in effect. Signed by Judge James C. Mahan on 2/16/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
196
ORDER. IT IS THEREFORE ORDERED that 193 respondents' motion for waiver of compliance with LR IA 10-3(e) and (i) is GRANTED IN PART AND DENIED IN PART. See Order for details. Signed by Judge James C. Mahan on 12/27/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
188
ORDER Granting 187 Motion to Extend Time. Respondents shall have until and including 12/23/16, to file and serve a response to petitioner's fourth amended petition for writ of habeas corpus. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), the clerk of the court shall substitute Timothy Filson for Renee Baker, on the docket for this case, as the respondent warden, and shall update the caption of the action to reflect this change. Signed by Judge James C. Mahan on 10/26/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
182
ORDER Granting 180 and 181 Motions to Extend Time. Amended Petition due by 8/26/2016. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered 8/10/15 167 shall remain in effect. Signed by Judge James C. Mahan on 7/28/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
177
ORDER. IT IS HEREBY ORDERED that petitioner's Motion for Extension of time 176 is GRANTED. Petitioner shall have until and including 6/6/16, to file and serve a fourth amended petition for writ of habeas corpus.IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered 8/10/15 167 shall remain in effect Signed by Judge James C. Mahan on 3/30/16. (Copies have been distributed pursuant to the NEF - PS)
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Filing
175
ORDER Granting 174 Motion to Extend Time. Petitioner shall have until and including 4/6/16, to file and serve a forth amended Petition for Writ of Habeas Corpus. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered 8/10/15 167 shall remain in effect. Signed by Judge James C. Mahan on 2/8/16. (Copies have been distributed pursuant to the NEF - PS)
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Filing
167
ORDER. IT IS THEREFORE ORDERED that the following schedule shall govern the further litigation of this action: Amended Petition. If necessary, Petitioner shall file and serve a fourth Amended Petition for Writ of Habeas Corpus within 180 days of entry of this Order (2/6/16). See Order for additional deadlines. Signed by Judge James C. Mahan on 8/10/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
162
ORDERED that A. Richard Ellis is appointed to represent petitioner Steling Atkins, as described in the Order. IT IS FURTHER ORDERED that A. Richard Ellis shall, within 15 days after the date of this Order, file a Notice of Appearance of Coun sel for Petitioner, indicating acceptance of this appointment, or other document indicating that he cannot accept the appointment. IT IS FURTHER ORDERED that the Clerk of the Court shall serve a copy of this order by mail to Sterling Atkins and A. Richard Ellis. Notice of Compliance is due by 8/13/2015. Signed by Judge James C. Mahan on 7/28/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
145
ORDER LIFTING STAY; granting 142 MOTION to Reopen Case. Fourth Amended Petition due within 60 days after entry of this order. Denying 144 MOTION to Permit Issuance of a Subpoena Duces Tecum. Signed by Judge James C. Mahan on 1/29/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
127
ORDER that Michael B. Charlton is appointed to represent Sterling Atkins in this case. FURTHER ORDERED that Michael Charlton shall, within 20 days after the date this order, file a notice of appearance of counsel for petitioner, indicating acceptance of this appointment, or other document indicating that he cannot accept the appointment. Signed by Judge James C. Mahan on 9/9/13. (Copies have been distributed pursuant to the NEF: cc Sterling Atkins - MMM)
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Filing
126
ORDER that 125 Motion to Withdraw as Attorney by Attorney Marc P Picker. Signed by Judge James C. Mahan on 7/26/13. (Copies have been distributed pursuant to the NEF: cc B. Price - MMM)
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