Mortensen v. Nevens et al
Ronald Lawrence Mortensen |
Attorney General of the State of Nevada, HDSP, NDOC and Dwight D. Nevens |
Franny A Forsman and John C. Lambrose |
2:2011cv00266 |
February 17, 2011 |
US District Court for the District of Nevada |
Las Vegas Office |
Kent J. Dawson |
George Foley |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 224 ORDER granting 223 Motion to Extend Time to file Reply to 176 Amended Habeas Petition by Petitioner Ronald Lawrence Mortensen. Replies due by 5/10/2024. Signed by Judge Kent J. Dawson on 4/9/2024. (Copies have been distributed pursuant to the NEF - CT) |
Filing 222 ORDER Granting 221 Motion to Extend Time. Mortensen will have up to and including 4/10/2024, to file his reply to Respondents' answer to his fourth-amended petition. Signed by Judge Kent J. Dawson on 3/11/2024. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 220 ORDER granting 219 Motion to Extend Time to File Reply to 218 Respondent's Answer. Replies due by 3/11/2024. Signed by Judge Kent J. Dawson on 1/9/2024. (Copies have been distributed pursuant to the NEF - CT) |
Filing 217 ORDER granting 216 Motion to Extend Time. Attorney General of the State of Nevada answer due 12/11/2023; HDSP answer due 12/11/2023; NDOC answer due 12/11/2023; Dwight D. Neven answer due 12/11/2023. Signed by Judge Kent J. Dawson on 10/18/2023. (Copies have been distributed pursuant to the NEF - CT) |
Filing 212 ORDER - IT IS ORDERED that Respondents' motion to dismiss (ECF No. 185 ) IS GRANTED, IN PART, as follows: (1) ground 1 is procedurally defaulted and (2) ground 5 is dismissed, in part, as explained in this order. The Court de fers consideration of whether Mortensen can demonstrate prejudice to overcome the procedural default of ground 1 until after the filing of an answer and reply in this action. IT IS FURTHER ORDERED that Respondents have 60 days from the dat e of this order in which to file an answer to the fourth-amended petition. Answer re ECF No. 176 fourth-amended petition due by 8/11/2023. Mortensen will have 30 days following service of Respondents answer in which to file a reply. Signed by Judge Kent J. Dawson on 6/12/2023. (Copies have been distributed pursuant to the NEF - DLS) |
Filing 209 ORDER. IT THEREFORE IS ORDERED that Respondents motions for enlargement of time ECF Nos. 206 , 207 , 208 are GRANTED. Respondents will have up to and including May 23, 2023, to file their reply in support of their motion to dismiss ECF No. 185 . No further extensions will be granted. Signed by Judge Kent J. Dawson on 5/22/2023. (Copies have been distributed pursuant to the NEF - AMMi) |
Filing 205 ORDER Granting 204 Motion to Extend Time re 185 Motion to Dismiss. Replies due by 5/3/2023. Signed by Judge Kent J. Dawson on 5/1/2023. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 203 ORDER Granting 202 Motion to Extend Time re 185 Motion to Dismiss. Replies due by 4/26/2023. Signed by Judge Kent J. Dawson on 3/28/2023. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 201 ORDER Granting 200 Motion to Extend Time re 185 Motion to Dismiss. Replies due by 3/27/2023. Signed by Judge Kent J. Dawson on 2/28/2023. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 198 ORDER Granting 197 Motion to Extend Time re 185 Motion to Dismiss. Responses due by 2/20/2023. Signed by Judge Kent J. Dawson on 1/30/2023. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 194 ORDER Granting 193 Motion to Extend Time re 185 Motion to Dismiss. Responses due by 12/30/2022. Signed by Judge Kent J. Dawson on 11/30/2022. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 192 ORDER Granting 191 Motion to Extend Time re 185 Motion to Dismiss. Responses due by 11/30/2022. Signed by Judge Kent J. Dawson on 10/31/2022. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 190 ORDER Granting 189 Motion to Extend Time to File Response to 185 Motion to Dismiss. Responses due by 10/31/2022. Signed by Judge Kent J. Dawson on 10/17/2022. (Copies have been distributed pursuant to the NEF - KF) |
Filing 188 ORDER Granting 187 Motion to Extend Time (First Request). Responses re 185 Motion to Dismiss due by 10/17/2022. Signed by Judge Kent J. Dawson on 10/11/2022. (Copies have been distributed pursuant to the NEF - TRW) |
Filing 184 ORDER Granting 182 Motion to Extend Time. Attorney General of the State of Nevada, HDSP, NDOC, Dwight D. Neven answer due 9/12/2022. Signed by Judge Kent J. Dawson on 8/12/2022. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 181 ORDER Granting 180 Motion to Extend Time. Attorney General of the State of Nevada, HDSP, NDOC, Dwight D. Neven answer due 8/11/2022. Signed by Judge Kent J. Dawson on 6/28/2022. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 179 ORDER Granting 178 Motion to Extend Time. Attorney General of the State of Nevada, HDSP, NDOC, Dwight D. Neven answer due 6/27/2022. Signed by Judge Kent J. Dawson on 4/28/2022. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 177 ORDER granting 175 Motion to Extend Time Re: 176 Amended Petition for Writ of Habeas Corpus. IT IS ORDERED that respondents must file a response to the fourth amended petition within 60 days of entry of this order. Signed by Judge Kent J. Dawson on 2/16/2022. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 174 ORDER granting 173 Motion to Extend Time; Amended Petition due by 1/10/2022. Signed by Judge Kent J. Dawson on 12/10/2021. (Copies have been distributed pursuant to the NEF - HAM) |
Filing 172 ORDER Granting 171 Motion to Extend Time. Fourth Amended Petition due by 12/10/2021. Signed by Judge Kent J. Dawson on 10/2/2021. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 170 ORDER. IT IS ORDERED that the clerk of the court STRIKE the proper-person 169 request for a copy of the docket sheet. Signed by Judge Kent J. Dawson on 9/13/2021. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 168 ORDER Granting 167 Unopposed Motion for Extension of Time. Amended Petition due by 10/26/2021. Signed by Judge Kent J. Dawson on 8/27/2021. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 166 ORDER Granting 165 Motion to Extend Time. Fourth Amended Petition due by 8/27/2021. Signed by Judge Kent J. Dawson on 6/28/2021. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 164 ORDER granting ECF No. 163 , petitioner's unopposed motion to extend time (ninth request). Petitioner will have up to and including June 28, 2021, to file a verified fourth amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 4/13/2021. (Copies have been distributed pursuant to the NEF - SC) |
Filing 162 ORDER Granting 161 Motion to Extend Time. Amended Petition due by 4/12/2021. Signed by Judge Kent J. Dawson on 1/12/2021. (Copies have been distributed pursuant to the NEF - JQC) (Main Document 162 replaced on 1/12/2021 - nef regenerated) (MMM). Modified on 1/12/2021 to reflect correct signature date (MMM). |
Filing 160 ORDER Granting 155 Motion to Extend Time. Amended Petition due by 1/12/2021. Signed by Judge Kent J. Dawson on 1/7/2021. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 157 ORDER Granting 154 Motion To Produce Petitioner at the Courthouse for a Legal Visit. Signed by Judge Kent J. Dawson on 12/2/2020. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 152 ORDER Granting 151 Motion to Extend Time. Petitioner will have up to and including 11/13/2020, to file a verified fourth amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 9/17/2020. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 149 ORDER. IT IS ORDERED that 148 petitioner's unopposed motion for extension of time (fifth request) is GRANTED. Petitioner will have up to and including September 15, 2020, to file a verified fourth amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 7/21/2020. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 147 ORDER. IT IS ORDERED that 146 petitioner's unopposed motion for extension of time (fourth request) is GRANTED. Petitioner will have up to and including 7/17/2020, to file a verified fourth amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 5/18/2020. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 145 ORDER. IT IS ORDERED that 144 petitioner's unopposed motion for extension of time (third request) is GRANTED. Petitioner will have up to and including 5/18/2020, to file a verified fourth amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 2/18/2020. (Copies have been distributed pursuant to the NEF - JQC) |
Filing 143 ORDER granting 141 Motion to Extend Time. Petitioner will have up to and including 2/18/20, to file a verified fourth amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 2/14/2020. (Copies have been distributed pursuant to the NEF - ADR) |
Filing 139 ORDER Granting 138 Motion to Extend Time re 136 Order. Petitioner will have up to and including 11/18/19, to file a verified fourth amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 8/23/2019. (Copies have been distributed pursuant to the NEF - ADR) |
Filing 136 ORDER that petitioner shall have 90 days within which to file either a verification of the 130 third amended petition or a verified fourth amended petition. Signed by Judge Kent J. Dawson on 5/20/2019. (Copies have been distributed pursuant to the NEF - SLD) |
Filing 133 ORDER that 132 Motion to Withdraw as Counsel is GRANTED. The representation of petitioner by Chris Arabia is TERMINATED. FURTHER ORDERED that the clerk of the court shall forward a copy of this order to the CJA Coordinator, who shall locate su bstitute counsel for petitioner. The clerk of the court also shall send a copy of this order to petitioner. FURTHER ORDERED that 131 Motion to Extend Time is GRANTED. The court will issue a scheduling order after it locates substitute counsel for petitioner. Signed by Judge Kent J. Dawson on 1/10/2019. (Copies have been distributed pursuant to the NEF: cc CJA coordinator; petitioner - MMM) |
Filing 129 ORDER granting 128 Motion to Extend Time. Petitioner will have through January 4, 2019, to file an amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 1/2/2019. (Copies have been distributed pursuant to the NEF - MMM) |
Filing 126 ORDER granting 124 and 125 Motions to Extend Time. Petitioner will have through December 17, 2018, to file an amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 11/19/2018. (Copies have been distributed pursuant to the NEF - MMM) |
Filing 122 ORDER granting 121 Motion to Extend Time. Petitioner will have through September 18, 2018, to file an amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 7/24/2018. (Copies have been distributed pursuant to the NEF - MMM) |
Filing 119 ORDER. IT THEREFORE IS ORDERED that 118 petitioner's unopposed motion for an enlargement of time (fifth request) is GRANTED. Petitioner will have through 7/20/18, to file an amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 5/24/2018. (Copies have been distributed pursuant to the NEF - ADR) |
Filing 117 ORDER that 116 Motion to Extend Time is GRANTED. Petitioner will have through May 21, 2018, to file and serve an amended petition. Signed by Judge Kent J. Dawson on 3/19/2018. (Copies have been distributed pursuant to the NEF - MMM) |
Filing 115 ORDER that 113 and 114 Motions to Extend Time are GRANTED. Petitioner will have through March 19, 2018, to file and serve an amended petition. Signed by Judge Kent J. Dawson on 1/11/2018. (Copies have been distributed pursuant to the NEF - MMM) |
Filing 109 ORDER Granting Petitioner's 106 Motion to Withdraw Attorney Gia A McGillivray as counsel of record. The representation of petitioner by Gia McGillivray is terminated. The clerk of the court shall forward a copy of this order to the CJA Coordinator who shall locate substitute counsel for petitioner. Respondents' 103 Motion to Strike Response is Denied. Signed by Judge Kent J. Dawson on 5/23/2017. (Copies have been distributed pursuant to the NEF - cc CJA Clerk; copy mailed to Petitioner - SLD) |
Filing 100 ORDER that granting 75 Motion for Substitution of Appointed Counsel is GRANTED. FURTHER ORDERED that 88 Motion to Withdraw as Counsel is GRNTED. The representation of petitioner by Mario Valencia is TERMINATED. FURTHER ORDERED that the clerk o f the court shall forward a copy of this order to the CJA Coordinator, who shall locate substitute counsel for petitioner. The clerk of the court also shall send a copy of this order to petitioner himself, Ronald L. Mortensen. FURTHER ORDERED that [7 6] Motion by Petitioner Adding Declaration is DENIED. FURTHER ORDERED that 80 Motion by Petitioner Adding Second Declaration is DENIED. FURTHER ORDERED that 89 Motion by Petitioner Adding Witness Declaration is DENIED. FURTHER ORDERED that [92 ] Ex Parte Motion Adding Request for Investigator is DENIED. FURTHER ORDERED that 77 Motion for Sanctions is DENIED. FURTHER ORDERED that 95 Request for a Ruling, or a Hearing is GRANTED in part with respect to the issuance of this order. The r equest is DENIED in part with respect to holding a hearing. FURTHER ORDERED that 71 Motion to Substitute Parties is DENIED as moot. FURTHER ORDERED that 78 Motion to Extend Time is GRANTED. Respondents need not file an answer or other response t o the second amended petition (ECF No. 72 ), or to any subsequent amended petition filed by replacement counsel, until ordered by the court. FURTHER ORDERED that respondents will have fourteen (14) days from the date of entry of this order to respon d to the request of counsel in his response, at page 5 (ECF No. 83 ), that the court strike the motion by petitioner adding second declaration (ECF No. 80 ), order opposing counsel and his clients to destroy all copies of the motion in their possession, and order opposing counsel and his clients not to use in any way the information contained in the motion. Signed by Judge Kent J. Dawson on 9/29/16. (Copies have been distributed pursuant to the NEF - MMM) |
Filing 67 ORDER that this action is REINSTATED. FURTHER ORDERED that petitioner shall have sixty (60) days from the date of entry of this order to file and serve a second amended petition for a writ of habeas corpus. Signed by Judge Kent J. Dawson on 12/16/14. (Copies have been distributed pursuant to the NEF - MMM) |
Filing 63 ORDER that, from this date forward, the hard copy of any exhibits shall be forwarded-for this case-to the staff attorneys in Las Vegas. Signed by Judge Kent J. Dawson on 11/5/13. (Copies have been distributed pursuant to the NEF - EDS) |
Filing 59 ORDER Granting 58 Motion for Clarification. IT IS FURTHER ORDERED that petitioner's response to 57 Order shall be filed within 30 days of entry of this order. Signed by Judge Kent J. Dawson on 2/8/13. (Copies have been distributed pursuant to the NEF - EDS) |
Filing 57 ORDER Granting in part and Denying in part 50 Respondents' Motion to Dismiss. Petitioner shall have 30 days to either 1) inform Court that he wishes to abandon unexhausted grounds, 2) inform Court that he wishes to dismiss petition, or 3) fil e a motion for a stay and abeyance. IT IS FURTHER ORDERED that if petitioner elects to abandon his unexhausted grounds, respondents shall have thirty (30) days from the date petitioner serves his declaration of abandonment in which to file an answer to petitioners remaining grounds for relief. Petitioner shall thereafter have twenty (20) days following service of respondents answer in which to file a reply. Signed by Judge Kent J. Dawson on 1/28/13. (Copies have been distributed pursuant to the NEF - EDS) |
Filing 47 ORDER granting 45 Motion to Extend Time. Respondents to respond to Petition by 3/8/2012. Signed by Judge Kent J. Dawson on 12/13/11. (Copies have been distributed pursuant to the NEF - ECS) |
Filing 14 ORDER Granting 13 Motion to Extend Time to File Amended Petition. Amended Petition due by 10/7/2011. Signed by Judge Kent J. Dawson on 9/12/11. (Copies have been distributed pursuant to the NEF - MMM) |
Filing 11 ORDER granting 10 Unopposed Motion to Extend Deadline. Amended Petition due by 9/7/2011. Signed by Judge Kent J. Dawson on 6/20/11. (Copies have been distributed pursuant to the NEF - ECS) |
Filing 7 ORDER that the Clerk shall electronically serve the petition upon respondents. Counsel for respondents shall file a notice of appearance within 15 days of entry of this Order. Counsel for petitioner shall meet with petitioner as soon as possible. Counsel shall file a joint statement regarding state court records within 45 days. Amended Petition due within 90 days. Signed by Judge Kent J. Dawson on 3/9/11. (Copies have been distributed pursuant to the NEF - ECS) |
Filing 6 ORDER that MARIO VALENCIA, ESQ., is appointed as counsel for RONALD LAWRENCE MORTENSEN for all further proceedings. Signed by Judge Kent J. Dawson on 3/4/11. (Copies have been distributed pursuant to the NEF - ECS) |
Filing 4 ORDER that petitioners Motion to File Longer Than Normal Petition 2 and his Motion for Appointment of Counsel 3 are GRANTED. The Federal Public Defender is appointed to represent Petitioner. The Clerk shall ELECTRONICALLY SERVE the Federal Publ ic Defender for the District of Nevada (FPD) a copy of this Order, together with a copy of the petition for writ of habeas corpus and its attachments 1 The FPD shall have thirty (30) days from the date of entry of this Order to file a notice of app earance or to indicate to the Court its inability to represent petitioner in these proceedings. The Clerk shall RESUBMIT this case to the Court after the FPD has appeared as counsel for petitioner, after the FPD has indicated its inability to repres ent petitioner, or after thirty (30) days from the entry of this Order, whichever occurs first. After counsel has appeared for petitioner in this case, the Court will issue a scheduling order, which will, among other things, set a deadline for the filing of a First Amended Petition. Signed by Judge Kent J. Dawson on 2/23/11. (Copies have been distributed pursuant to the NEF - ECS) |
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