KEVIN JAMES LISLE v. E.K. MCDANIEL
Case Number: 2:2003cv01006
Filed: August 20, 2003
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Roger L. Hunt
Presiding Judge: Lawrence R. Leavitt
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 22, 2020 Opinion or Order Filing 437 ORDER TO TRANSPORT PETITIONER. The Nevada Department of Corrections will transport inmate Kevin James Lisle, NDOC #49948, to the Bruce R. Thompson Federal Courthouse, 400 S. Virginia Street, Reno, Nevada, to personally attend the evidentiary hearing scheduled for Thursday, November 12, 2020 at 9:00a.m, and Friday, November 13, 2020 at 9:00am in Courtroom 5 before the Honorable Miranda M. Du. The Clerk of Court additionally shall provide a copy of this order to the Marshal's Reno office. Signed by Chief Judge Miranda M. Du on 10/22/2020. (E-served USM on 10/23/2020). (Copies have been distributed pursuant to the NEF - LW)
October 20, 2020 Opinion or Order Filing 432 ORDER TO TRANSPORT Petitioner to evidentiary hearing set for 10/22/2020 at 9:00 AM and 10/22/2020 at 9:00 AM in Reno Courtroom 5 before Chief Judge Miranda M. Du. Signed by Chief Judge Miranda M. Du on 10/20/2020. (Copies have been distributed pursuant to the NEF and emailed to M. Navarro at NDOC - PAV)
October 16, 2020 Opinion or Order Filing 430 ORDER TO TRANSPORT PETITIONER TO MEETINGS WITH COUNSEL AT THE FEDERAL COURTHOUSE. Signed by Chief Judge Miranda M. Du on 10/16/2020. (Copies have been distributed pursuant to the NEF - LW)
September 23, 2020 Opinion or Order Filing 423 ORDER - FPD's Motion for Leave to File Under Seal (ECF No. 415 ) is granted. As the subject documents have already been filed under seal (ECF Nos. 418 , 419 ), no further action is necessary in this regard. Signed by Chief Judge Miranda M. Du on 9/23/2020. (Copies have been distributed pursuant to the NEF - AB)
June 29, 2020 Opinion or Order Filing 408 ORDER - Clerk is directed to file the letter received from Petitioner dated June 18, 2020. Signed by Chief Judge Miranda M. Du on 6/29/2020. (Copies have been distributed pursuant to the NEF - AB)
June 2, 2020 Opinion or Order Filing 402 ORDER - The Motion for Evidentiary Hearing (ECF No. 393 ) is granted. The Court will hold an evidentiary hearing with respect to whether Lisle is competent to waive further proceedings, and whether his waiver is knowing, intelligent, and volu ntary.Counsel for Petitioner and counsel for Respondents are to meet and confer regarding the terms of a prehearing scheduling order, and, within 10 days from the entry of this order, file a joint proposed prehearing scheduling order, as de scribed herein.Petitioner's "Petition Pro Per to Fire Counsel and Request for Preliminary Injunction Until Execution" (ECF Nos. 395 , 396 ) are denied.The Stipulation and Proposed Order (ECF No. 401 ) is denied. Signed by Chief Judge Miranda M. Du on 6/2/2020. (Copies have been distributed pursuant to the NEF - AB)
March 23, 2020 Opinion or Order Filing 389 ORDER granting ECF No. 388 Stipulation regarding the completion of Dr. Piasecki's report and the filing of the report and all supporting documents under seal for purposes of determining whether Mr. Lisle is competent to make a waiver of further proceedings and whether his waiver is knowing, intelligent, and voluntary. Signed by Chief Judge Miranda M. Du on 3/23/2020. (Copies have been distributed pursuant to the NEF - LW)
March 16, 2020 Opinion or Order Filing 387 ORDER adopting ECF No. 386 Stipulation : No later than March 20, 2020, the parties are to either file Dr. Piasecki's report and supporting documents as described in paragraphs 14 and 15 of the July 5, 2019 stipulation and order (ECF No. 363 ), or file a joint statement or stipulation explaining the delay and proposing a new schedule. Signed by Chief Judge Miranda M. Du on 3/16/2020. (Copies have been distributed pursuant to the NEF - DRM)
March 4, 2020 Opinion or Order Filing 385 ORDER that, no later than March 10, 2020, the parties are to either file Dr. Piasecki's report and supporting documents as described in paragraphs 14 and 15 of the July 5, 2019 stipulation and order (ECF No. 363 ), or file a joint statement or stipulation explaining the delay and proposing a new schedule. Signed by Chief Judge Miranda M. Du on 3/4/2020. (Copies have been distributed pursuant to the NEF - LW)
January 6, 2020 Opinion or Order Filing 384 ORDER granting ECF No. 383 Stipulation regarding the scheduling of the mental health examination of Mr. Lisle for purposes of determining whether Mr. Lisle is competent to make a waiver of further proceedings and whether his waiver is knowing, intelligent, and voluntary. Signed by Chief Judge Miranda M. Du on 1/6/2020. (Copies have been distributed pursuant to the NEF - DRM)
November 4, 2019 Opinion or Order Filing 382 ORDER that Dr. Piasecki is appointed to determine whether Petitioner is competent to waive further proceedings in this case and whether his waiver is knowing, intelligent and voluntary. Signed by Chief Judge Miranda M. Du on 11/4/2019. (Copies have been distributed pursuant to the NEF - LH)
September 27, 2019 Opinion or Order Filing 375 ORDER granting ECF No. 374 Stipulation : Ordered that the Court agrees that the parties may have until October 16, 2019, to forward a joint recommendation for a Court's expert to determine "whether Lisle is competent to m ake such a waiver and whether his waiver is knowing, intelligent, and voluntary." If Respondents and the FPD are unable to reach agreement, then each side is to submit two names of potential experts to the Court by October 16, 2019. Signed by Chief Judge Miranda M. Du on 9/27/2019. (Copies have been distributed pursuant to the NEF - DRM)
July 18, 2019 Opinion or Order Filing 365 ORDER granting ECF No. 364 Stipulation to Extend Time. The parties may have until 8/9/2019 to forward a joint recommendation for a Court's expert to determine "whether Lisle is competent to make [a waiver of further proceedings] an d whether his waiver is knowing, intelligent, and voluntary." If they are unable to reach agreement, then each side is to forward two names to the Court by 8/9/2019. Signed by Judge Miranda M. Du on 7/18/2019. (Copies have been distributed pursuant to the NEF - LH)
June 26, 2019 Opinion or Order Filing 361 ORDER that A. Richard Ellis is discharged from his representation of Kevin James Lisle in this federal habeas corpus action. Signed by Judge Miranda M. Du on 6/26/2019. (Copies have been distributed pursuant to the NEF - LH)
June 20, 2019 Opinion or Order Filing 358 ORDER - Petitioner's pro se motions, filed under seal at ECF Nos. 321 and 327 are denied, without prejudice. Respondents' Motion to Unseal Court Documents (ECF No. 334 ) is granted in part and denied in part. Clerk is directed to separately file, not under seal, a copy of the February 19, 2019 "Motion to Waive Appeal" filed at ECF No. 327 . Clerk is directed to designate that motion on the docket for this case as a motion to be resolved. In all oth er respects, the Motion to Unseal Court Documents is denied. Clerk is directed to unseal the exhibits filed in support of Respondents' Motion to Unseal Court Documents (ECF Nos. 336 , 336 -1, 336 -2). Petitioner's Motion for Leave to Conduct Discovery and to Obtain a Mental Health and Medical Examination (ECF No. 347 ) is granted in part and denied in part. That motion is granted to the extent it seeks a mental health examination of Lisle. In all other respects, the mo tion is denied without prejudice. A telephonic hearing is set for June 26, 2019, at 11:00 a.m., in Courtroom 5 in Reno re how to proceed with a mental health examination of the Petitioner. Petitioner's Motion for Evidentiary Heari ng (ECF No. 337 ) is denied without prejudice to the motion being renewed. Signed by Judge Miranda M. Du on 6/20/2019. (Copies have been distributed pursuant to the NEF - DRM) Modified on 6/21/2019 to include disposition of ECF Nos. 321 , 327 . NEF regenerated (DRM) .
March 26, 2019 Opinion or Order Filing 342 ORDER that Petitioner's motion for extension of time (ECF No. 339 ) is granted. Petitioner will have until April 10, 2019, to respond to the motion to unseal documents (ECF No. 334 ). Respondents will then have 30 days to file a reply in support of their motion. Signed by Judge Miranda M. Du on 3/26/2019. (Copies have been distributed pursuant to the NEF - LH)
March 7, 2019 Opinion or Order Filing 338 ORDER that Respondents' Motion for Leave to File Exhibits Under Seal ECF No. 335 is granted. The exhibits have been filed under seal ECF No. 336 . Signed by Judge Miranda M. Du on 3/7/2019. (Copies have been distributed pursuant to the NEF - KW)
March 5, 2019 Opinion or Order Filing 333 ORDER that directs the Clerk to send Petitioner's counsel (and only petitioner's counsel) via certified mail, a copy of the document filed under seal at ECF No. 327 (Mailed to counsel on 3/6/2019 - #7013 1710 0001 6894 3003); Petit ioner's counsel is to file, under seal, a status report with respect to Lisle's pro se fillings (ECF Nos. 321 and 327 ) consistent with the Court's sealed order (ECF No. 326 ). Signed by Judge Miranda M. Du on 3/5/2019. (Copies have been distributed pursuant to the NEF - LH)
March 4, 2019 Opinion or Order Filing 332 ORDER granting ECF No. 331 Motion for Extension of Time. Petitioner will have until 3/7/2019 to file a motion for evidentiary hearing; Respondents will have 30 days from the date on which Petitioner files his motion to file a respo nse to Petitioner's reply and a response to Petitioner's motion for evidentiary hearing; in all other respects, the schedule for further proceedings set for in ECF No. 284 Order will remain in effect. Signed by Judge Miranda M. Du on 3/4/2019. (Copies have been distributed pursuant to the NEF - KW)
January 15, 2019 Opinion or Order Filing 324 ORDER that directs the Clerk to send Petitioner's counsel via certified mail, a copy of the document filed under seal at ECF No. 321 (Mailed to counsel on 1/16/2019 - #7013 1710 0001 6894 2976); Petitioner's counsel is to file, under seal, a status report stating their position with respect to Lisle's pro se filling and/or any appropriate motion relative to that filing by 1/30/2019. Signed by Judge Miranda M. Du on 1/15/2019. (Copies have been distributed pursuant to the NEF - LH)
November 8, 2018 Opinion or Order Filing 320 ORDER that Petitioner's motion for extension of time ECF No. 319 is granted. Petitioner to file a reply to the answer by 1/14/2019; in all other respects, the schedule in the order ECF No. 284 will remain in effect; Clerk directed to substitute William Gittere for Timothy Filson on the docket as the respondent warden. Signed by Judge Miranda M. Du on 11/8/2018. (Copies have been distributed pursuant to the NEF - KW)
July 2, 2018 Opinion or Order Filing 317 ORDER granting in part and denying in part ECF No. 293 Motion to Dismiss; denying ECF Nos. 300 Motion for Leave to Conduct Discovery, 303 Motion for Evidentiary Hearing, 305 Motion for Orders for Medical Examination and Site Inspection; Respondents to file answer to remaining claims re ECF No. 292 Fourth Amended Petition for Writ of Habeas Corpus by 9/30/2018. The schedule for further proceedings set forth in order ECF No. 284 remains in effect. See Order for further details and information. Signed by Judge Miranda M. Du on 7/2/2018. (Copies have been distributed pursuant to the NEF - KW)
April 18, 2017 Opinion or Order Filing 291 ORDER granting ECF No. 290 Motion to Extend Time. Fourth Amended Petition due by 4/21/2017. It is further ordered that, in all other respects, the schedule for further proceedings set forth in the order entered 03/17/2017 ECF No. 284 will remain in effect. Signed by Judge Miranda M. Du on 04/18/2017. (Copies have been distributed pursuant to the NEF - KW)
March 17, 2017 Opinion or Order Filing 284 ORDER - Petitioner's Motion to Supplement Third Amended Petition for Writ of Habeas Corpus (ECF No. 268 ) is granted. Fourth Amended Petition due by 4/6/2017. Respondents' Motion to Dismiss (ECF No. 182 ) is denied without prejudice. Petitioner's Motion for Evidentiary Hearing (ECF No. 243 ) is denied without prejudice. Petitioner's Motion for Leave to Conduct Discovery (ECF No. 244 ) is denied without prejudice. Petitioner's Motion for Orders for Medical Examina tion, Neuropsychological Evaluation, and Site Inspection (ECF No. 245 ) is denied without prejudice. After petitioner files his fourth amended petition, the following schedule will govern further proceedings in this case: Response to petition due 60 days after service. Reply due 45 days after service of answer. (See pdf order for additional schedule specifics.) Signed by Judge Miranda M. Du on 3/17/2017. (Copies have been distributed pursuant to the NEF - DRM)
August 22, 2016 Opinion or Order Filing 251 ORDER denying Respondents' ECF No. 250 Motion to Reconsider. Signed by Judge Miranda M. Du on 8/22/2016. (Copies have been distributed pursuant to the NEF - KR)
August 17, 2016 Opinion or Order Filing 249 ORDER granting in part and denying in part Respondents' ECF No. 248 Motion for Extension of Time. Reply re ECF No. 182 Motion to Dismiss, response re ECF No. 243 Motion for Evidentiary Hearing, response re ECF No. 244 Moti on for Leave to Conduct Discovery, and response re ECF No. 245 Motion for Orders for Medical Examination due 9/30/2016. The Court will not be inclined to further extend these deadlines absent extraordinary circumstances. Signed by Judge Miranda M. Du on 8/16/2016. (Copies have been distributed pursuant to the NEF - KR)
January 13, 2016 Opinion or Order Filing 238 ORDER that 237 Motion to Extend Time to File Supplement to Opposition re 182 Motion to Dismiss. Petitioner shall have until and including March 15, 2016, to file the supplement to his opposition to the motion to dismiss. Thereafter, the schedu le for further proceedings shall be governed by the order entered on November 16, 2015 (dkt. no. 236 ). The Court will not look favorably upon any motion to further extend the deadline for the supplement to Lisle's opposition to the motion to dismiss. Signed by Judge Miranda M. Du on 1/13/16. (Copies have been distributed pursuant to the NEF - MMM)
November 16, 2015 Opinion or Order Filing 236 ORDER that within sixty (60) days from the date of entry of this order, Ellis shall file and serve, on Lisle's behalf, his supplement to Lisle's opposition to 182 Motion to Dismiss. Within fifteen (15) days after the filing of Lisle' ;s supplement to his opposition to the motion to dismiss, Lisle shall file any motion for leave to conduct discovery and/or motion for evidentiary hearing related to his opposition to the motion to dismiss. Within forty-five (45) days after Lisle fil es any motion for leave to conduct discovery and/or motion for evidentiary hearing related to his opposition to the motion to dismiss (or after the due date for such motion if Lisle files no such motion by that due date), respondents shall file their response to any motion for leave to conduct discovery and/or motion for evidentiary hearing, and their further reply in support of their motion to dismiss. Thereafter, Lisle shall, within thirty (30) days, file his replies in support of any motion for leave to conduct discovery and/or motion for evidentiary hearing. Signed by Judge Miranda M. Du on 11/16/15. (Copies have been distributed pursuant to the NEF - MMM)
September 15, 2015 Opinion or Order Filing 233 ORDER that A. Richard Ellis is appointed to represent Kevin James Lisle in this federal habeas corpus action, pursuant to 18 U.S.C. § 3599, for the limited purpose of asserting, on his behalf, certain arguments regarding the issue of equitable tolling of the statute of limitations. Further ordered that A. Richard Ellis shall, within seven (7) days from the date of this order, file a notice of appearance as counsel for Lisle, or other document indicating his inability to accept this appointment. Signed by Judge Miranda M. Du on 9/14/15. (Copies have been distributed pursuant to the NEF - MMM)
September 10, 2015 Opinion or Order Filing 232 ORDER that a schedule for separate counsel to supplement Lisle's opposition to the motion to dismiss and for other further briefing of the motion to dismiss, as well as for the filing and briefing of any motions for leave to conduct discovery o r for an evidentiary hearing, will be set after the Court locates and appoints separate counsel, and after separate counsel has had time to become sufficiently familiar with the case. Signed by Judge Miranda M. Du on 9/10/15. (Copies have been distributed pursuant to the NEF - MMM)
August 28, 2015 Opinion or Order Filing 230 ORDER that 227 Petitioner's Motion for Extension of Time is granted. The deadline for petitioner to file any motion for leave to conduct discovery and/or motion for evidentiary hearing related to his opposition to the motion to dismiss is sus pended until after the Court rules on the motion for reconsideration of the order denying his counsel's motion to withdraw. The Court will reset that deadline after it rules on the motion for reconsideration. Signed by Judge Miranda M. Du on 8/28/15. (Copies have been distributed pursuant to the NEF - MMM)
June 11, 2015 Opinion or Order Filing 218 ORDER that within 20 days respondents shall file a reply in support of 182 motion to dismiss. Signed by Judge Miranda M. Du on 6/11/15. (Copies have been distributed pursuant to the NEF - TR)
May 28, 2015 Opinion or Order Filing 216 ORDER that 214 Motion for Stay and Abeyance is denied. FURTHER ORDERED that 215 Motion Extension of Time is granted. The schedule for petitioner to file any motion for leave to conduct discovery and/or motion for evidentiary hearing related to his opposition to the motion to dismiss, and for respondents to file a reply in support of their motion to dismiss, is vacated. The Court will set a new schedule for those filings after Lisle's counsel's ex parte motion to withdraw is resolved. Signed by Judge Miranda M. Du on 5/28/15. (Copies have been distributed pursuant to the NEF - MMM)
April 7, 2014 Opinion or Order Filing 174 ORDER that 171 Pro Se Motion to Allow Pro Per Petition in Support of Writ of Habeas Corpus to Stand As Is and Proceed Without Further Delay is denied. FURTHER ORDERED that 172 Motion to Strike is denied. FURTHER ORDERED that petitioner's c ounsel shall file a third amended petition, on petitioner's behalf, within 20 days from the entry of this order. Following the filing of the third amended petition, respondents shall have 90 days to file and serve an answer or other response to the third amended petition. In all other respects, the schedule for further litigation of this action shall be as set forth in 139 the scheduling order entered on March 29, 2013. Signed by Judge Miranda M. Du on 4/7/14. (Copies have been distributed pursuant to the NEF - MMM)
January 28, 2014 Opinion or Order Filing 169 ORDER that the warden of Ely State Prison allow a contact visit between Kevin James Lisle and his counsel within 45 days from the entry of this order. Signed by Judge Miranda M. Du on 1/28/14. (Copies have been distributed pursuant to the NEF - MMM)
March 29, 2013 Opinion or Order Filing 139 ORDER that Respondents shall have until 5/31/13, to file and serve answer or other response to 129 Second Amended Petition. Petitioner shall have 45 days to reply. Respondents shall have 30 days to file response to reply. If respondents file a mo tion to dismiss, petitioner has 30 days to file opposition to motion. Respondents has 30 days following service of opposition to file and serve reply. Signed by Judge Miranda M. Du on 3/29/13. (Copies have been distributed pursuant to the NEF - EDS)
December 12, 2012 Opinion or Order Filing 119 ORDER Granting 117 Petitioner's Motion to Vacate Stay and Reopen Capital Habeas Corpus Proceedings. IT IS FURTHER ORDERED that Telephonic Status Conference is set for 1/22/2013 01:00 PM before Judge Miranda M. Du. Signed by Judge Miranda M. Du on 12/12/2012. (Copies have been distributed pursuant to the NEF - AC)
January 26, 2012 Opinion or Order Filing 111 MINUTE ORDER IN CHAMBERS of the Honorable Judge Roger L. Hunt, on 1/26/2012. By Deputy Clerk: Dennis Farias. Granting 109 Motion to Substitute Party. Renee Baker substituted for E.K. McDaniel. Clerk shall update caption. (Copies have been distributed pursuant to the NEF - ASB)
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