Archie v. Foster et al
| Myrdus Archie |
| Attorney General of the State of Nevada and Sheryl Foster |
| 2:2010cv01968 |
| November 9, 2010 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Roger L. Hunt |
| Robert J. Johnston |
| 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
60
ORDER. IT IS HEREBY ORDERED that Archie's petition for a writ of habeas corpus is DENIED on its merits, and this action is DISMISSED with prejudice. Because reasonable jurists would not find this decision to be debatable or incorrect, IT IS FUR THER ORDERED that a certificate of appealability is DENIED. The Clerk of Court is directed to enter judgment in favor of respondents and against Archie, dismiss this action with prejudice, and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 9/7/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
44
ORDER granting in part and denying in part 37 Motion to Dismiss. IT IS FURTHER ORDERED that within thirty (30) days from the date of entry of this order, petitioner SHALL EITHER: (1) inform this Court in a sworn declaration that she wishes to formally and forever abandon the unexhausted grounds for relief in her federal habeas petition and proceed on the exhausted grounds; OR (2) inform this Court in a sworn declaration that she wishes to dismiss this petition without prejudice in o rder to return to state court to exhaust the unexhausted claims; OR (3) file a motion for a stay and abeyance pursuant to Rhines v. Weber, 544 U.S. 269 (2005), asking this Court to hold the exhausted claims in abeyance while she returns to state co urt to exhaust the unexhausted claims. If petitioner chooses to file a motion for a stay and abeyance, or seek other appropriate relief, respondents may respond to such motion as provided in Local Rule 7-2. IT IS FURTHER ORDERED that if petition er elects to abandon her unexhausted grounds, respondents shall have thirty (30) days from the date petitioner serves her declaration of abandonment in which to file an answer to petitioners remaining grounds for relief. IT IS FURTHER ORDERED that petitioner shall have thirty (30) days following service of respondents answer in which to file a reply. IT IS FURTHER ORDERED that if petitioner fails to respond to this order regarding her options for dealing with the unexhausted claims withi n the time permitted, this case may be dismissed. IT FURTHER IS ORDERED that any further exhibits filed by the parties shall be filed with a separate index of exhibits identifying the exhibits by number or letter. Signed by Judge Roger L. Hunt on 11/20/2014. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
43
ORDER that, within 7 days of the date of entry of this order, counsel for both parties SHALL SEND courtesy copies of all exhibits presented in support of the 34 amended petition and the 37 motion to dismiss to the Reno Division of this Court. Signed by Judge Roger L. Hunt on 9/3/2014. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
32
ORDER that Petitioner's Motion to Reopen this Action (contained within 30 Status Report) is GRANTED. The Clerk shall REOPEN the file. FURTHER ORDERED that petitioner shall have sixty (60) days from the date of entry of this order to file and serve an amended petition, and if necessary, supplemental exhibits. FURTHER ORDERED that respondents shall have forty-five (45) days following service of the amended petition within which to answer, or otherwise respond to, the amended petition. Signed by Judge Roger L. Hunt on 11/15/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
29
ORDER that 28 Order on Motion to Withdraw as Attorney is VACATED. FURTHER ORDERED that 27 MOTION to Withdraw as Attorney is GRANTED. Beau Sterling is released as counsel. FURTHER ORDERED that Todd M. Leventhal is APPOINTED to represent the p etitioner herein. FURTHER ORDERED that within 30 days of the date this order is entered, CJA counsel for petitioner shall FILE a motion to reopen the case or file a report indicating the status of any on-going state court proceedings. Signed by Judge Roger L. Hunt on 7/29/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
28
ORDER Granting 27 Petitioner's Motion to Withdraw Counsel. IT IS THEREFORE ORDERED that Beau Sterling is released as counsel. IT IS FURTHER ORDERED that Todd M. Leventhal is APPOINTED to represent the Petitioner herein. Counsel for Pet itioner and counsel for Respondents shall within 45 days file a joint statement. Counsel for Petitioner shall file an amended petition for writ of habeas corpus within 90 days. Signed by Judge Roger L. Hunt on 07/25/2013. (Copies have been distributed pursuant to the NEF - AC)
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Filing
26
ORDER that the Court will GRANT counsel's request to consult further with Plaintiff with regard to how she would like to proceed in this matter and to file and serve her amended petition in this Court. If he is unable to convince her to retain his services, she may, on or before 5/30/13, file a new motion to dismiss her appointed counsel. Signed by Judge Roger L. Hunt on 5/2/13. (Copies have been distributed pursuant to the NEF - EW)
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Filing
23
ORDER that 21 Motion for Status re #18, Motion to Withdraw Counsel is denied as moot. FURTHER ORDERED that Petitioner's counsel, Beau Sterling, shall report the status of the state proceeding regarding this matter, together with an identification of her counsel in that proceeding, on or before April 30, 2013. Signed by Judge Roger L. Hunt on 3/27/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
20
ORDER that 18 Petitioner's Motion to Withdraw Counsel is DENIED without prejudice. Signed by Judge Roger L. Hunt on 2/13/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
16
ORDER Granting 13 Motion to Stay pending conclusion of proceedings in state court. Clerk shall administratively close this action. Signed by Judge Roger L. Hunt on 12/7/11. (Copies have been distributed pursuant to the NEF - ASB)
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Filing
12
ORDER TO SHOW CAUSE and for the Filing of an Amended Petition. Amended Petition due by 7/15/2011. Show Cause Response due by 7/15/2011. IT IS FURTHER ORDERED that this scheduling order supersedes any prior such orders. Signed by Judge Roger L. Hunt on 6/14/11. (Copies have been distributed pursuant to the NEF - ASB)
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Filing
10
ORDER that due to a Notice of Conflict from the FPD's office, Attorney Beau Sterling is appointed for Myrdus Archie. Signed by Chief Judge Roger L. Hunt on 1/31/11, Nunc Pro Tunc 1/27/11. (Copies have been distributed pursuant to the NEF - ECS)
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Filing
8
ORDER Granting 7 Motion to Appoint Counsel. Federal Public Defender appointed as counsel. This order and a copy of 5 Petition served electronically upon FPD. FPD Acceptance of Representation or Notice of Inability to represent Petitioner due within 30 days from date of entry of this order. Clerk shall resubmit this case to the Court after the FPD has appeared or after 30 days from entry of this Order. Amended Petition for Writ of Habeas Corpus due 4/24/11. Answer due 45 days after service of Amended Petition. Reply due 45 days after service of answer. Signed by Chief Judge Roger L. Hunt on 1/24/11. (Copies have been distributed pursuant to the NEF; CC: CJA Coordinator - ASB)
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Filing
4
ORDER Granting 3 Motion/Application for Leave to Proceed in forma pauperis. Clerk shall file the petition. Answer due 45 days from entry of this order. Signed by Chief Judge Roger L. Hunt on 12/30/10. (Copies have been distributed pursuant to the NEF - ASB)
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Filing
2
ORDER that Petitioner shall file Completed Application to Proceed in forma pauperis, including the financial Certificate, and file it with this court within thirty (30) days. Accordingly, the Clerk of the Court is HEREBY DIRECTED to send petitioner the correct form for an application to proceed in forma pauperis. Signed by Chief Judge Roger L. Hunt on 11/29/2010. (Copies have been mailed to Petitioner- DXS)
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