Gibbs v. LeGrand et al
Petitioner: George W. Gibbs
Respondent: Attorney General State of Nevada and Robert LeGrand
Case Number: 2:2011cv00750
Filed: May 11, 2011
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Kent J. Dawson
Presiding Judge: Robert J. Johnston
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 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
May 10, 2018 Opinion or Order Filing 92 ORDER. IT IS ORDERED that 28 the first amended petition for writ of habeas corpus is DENIED and this habeas action is therefore DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Court DENIES petitioner a certificate of appealability exce pt with respect to whether trial counsel rendered ineffective assistance of counsel by failing to file a motion to sever. As to that issue, the Court GRANTS petitioner a certificate of appealability. IT IS FURTHER ORDERED that the Clerk of Court shall enter final judgment accordingly and CLOSE this case. Signed by Judge Kent J. Dawson on 5/10/2018. (Copies have been distributed pursuant to the NEF - MR)
January 30, 2017 Opinion or Order Filing 80 ORDER. IT IS THEREFORE ORDERED that 79 petitioner's motion for an extension of time to file a reply is GRANTED. Petitioner's reply to the answer shall be filed on or before 2/15/17. Signed by Judge Kent J. Dawson on 1/30/17. (Copies have been distributed pursuant to the NEF - ADR)
July 27, 2016 Opinion or Order Filing 74 ORDER Granting 73 Motion to Extend Time. The answer shall be filed on or before September 1, 2016. No further extensions will be granted absent extraordinary circumstances. Signed by Judge Kent J. Dawson on 7/27/2016. (Copies have been distributed pursuant to the NEF - DL)
March 14, 2016 Opinion or Order Filing 68 ORDER. Attorney General for the State of Nevada answer due 4/28/2016; Robert LeGrand answer due 4/28/2016. Signed by Judge Kent J. Dawson on 3/14/16. (Copies have been distributed pursuant to the NEF - TR)
June 30, 2015 Opinion or Order Filing 66 ORDER Granting 64 Motion to Extend Time to Answer re 28 Amended Petition for Writ of Habeas Corpus. Answer due: 7/10/2015. Signed by Judge Kent J. Dawson on 6/30/15. (Copies have been distributed pursuant to the NEF - TR)
April 10, 2015 Opinion or Order Filing 63 ORDER that respondents SHALL FILE AND SERVE AN ANSWER to 28 Amended Petition for Writ of Habeas Corpus 45 days from the date of this order. IT IS FURTHER ORDERED that petitioner SHALL FILE AND SERVE A REPLY to the answer, within forty-five (45) days after being served with the answer. Signed by Judge Kent J. Dawson on 4/10/15. (Copies have been distributed pursuant to the NEF - TR)
July 23, 2012 Opinion or Order Filing 47 ORDER that the Motion to Dismiss 41 is GRANTED. The petition is DISMISSED WITH PREJUDICE as untimely. A Certificate of Appealability IS GRANTED. The Clerk shall enter judgment accordingly. Signed by Judge Kent J. Dawson on 7/23/12. (Copies have been distributed pursuant to the NEF - ECS)
March 22, 2012 Opinion or Order Filing 43 ORDER granting 42 Motion to Extend Deadline. Responses/Amended Petition due by 4/23/2012 re 41 MOTION to Dismiss First Amended Petition for Writ of Habeas Corpus. Signed by Judge Kent J. Dawson on 3/22/12. (Copies have been distributed pursuant to the NEF - ECS)
December 19, 2011 Opinion or Order Filing 27 ORDER Granting 26 Motion to Extend Time to File Amended Petition. Amended Petition due by 1/20/2012. No further extensions of time for this purpose will be granted absent extraordinary circumstances. Signed by Judge Kent J. Dawson on 12/19/11. (Copies have been distributed pursuant to the NEF - MMM)
November 1, 2011 Opinion or Order Filing 25 ORDER Granting 24 Motion for Extension of Time to File Amended Petition. Petitioner shall have to and including 12/16/11 to file his amended petition. Signed by Judge Kent J. Dawson on 10/31/11. (Copies have been distributed pursuant to the NEF - MMM)
July 19, 2011 Opinion or Order Filing 21 ORDERED that the Clerk shall electronically serve 18 the Petition and a copy of this Order on respondents. Respondents shall file a notice of appearance within 20 days thereof. FURTHER ORDERED that petitioner shall have 90 days to file and serve a n amended petition. Respondents shall have 45 days after service of an amended petition within which to answer/respond. FURTHER ORDERED that if and when respondents file an answer, petitioner shall have 30 days after service of the answer to file and serve a reply. FURTHER ORDERED that counsel for respondents shall make available to counsel for petitioner copies of whatever portions of the state court record they possess regarding the judgment petitioner is challenging in this case. Signed by Judge Kent J. Dawson on 7/19/11. (Copies have been distributed pursuant to the NEF - MMM)
June 13, 2011 Opinion or Order Filing 17 ORDERED that the Clerk shall file the Petition. ORDERED that Motions for Appointment of Counsel 7 , 8 , and 13 are GRANTED. The Federal Public Defender is appointed to represent Petitioner. Clerk shall serve the FPD. The FPD shall have 30 days t o file a otice of appearance or to indicate to the Court its inability to represent petitioner in these proceedings. FURTHER ORDERED that the Motions for Leave to File an Amended Petition 3 , and 6 are GRANTED. All other pending motions 9 , 10 , 14 , 15 , and 16 are DENIED as Moot. FURTHER ORDERED that petitioner shall not submit, and the Clerk shall not accept for filing, any additional pro se motions or pleadings submitted by petitioner while he is represented by counsel. Signed by Judge Kent J. Dawson on 6/13/11. (Copies have been distributed pursuant to the NEF - MMM)
May 18, 2011 Opinion or Order Filing 4 ORDER Denying 1 Application for Leave to Proceed in forma pauperis. Petitioner shall have 30 days in which to have the designated fee sent to the Clerk. Clerk shall RETAIN the petition but not file it at this time. Signed by Judge Kent J. Dawson on 5/12/11. (Copies have been distributed pursuant to the NEF - MMM)
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Respondent: Attorney General State of Nevada
Represented By: Catherine Cortez-Masto
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Respondent: Robert LeGrand
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Petitioner: George W. Gibbs
Represented By: Rene Valladares
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