Leavitt v. Neven et al
Petitioner: Cody Leavitt
Respondent: Attorney General of the State of Nevada and Dwight Neven
Case Number: 2:2012cv00987
Filed: June 11, 2012
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Carl W. Hoffman
Presiding Judge: James C. Mahan
Nature of Suit: Habeas Corpus (General)
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
September 4, 2019 Opinion or Order Filing 173 ORDER denying 158 Motion for Certificate of Appealability. (E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit.); ORDER granting nunc pro tunc 160 Motion to Extend Time; ORDER granting nunc pro tunc 162 Motion to Extend T ime; ORDER granting nunc pro tunc 165 Motion to Extend Time; ORDER denying 166 Motion for Appointment of Counsel ; ORDER denying 169 Motion for Appointment of Counsel ; ORDER denying 54 Petition for Writ of Habeas Corpus. Signed by Judge James C. Mahan on 9/4/2019. (Copies have been distributed pursuant to the NEF - JM)
October 22, 2018 Opinion or Order Filing 157 ORDER denying 151 Motion for Reconsideration; ORDER granting 152 Motion to Extend Time nunc pro tunc 9/13/2018; ORDER granting 154 Motion to Extend Time; ORDER granting 156 Motion to Extend Time; Respondents' answer due to 54 Amended Petition 12/3/2018. Petitioner shall have 45 days from the date on which the answer is served to file a reply. Signed by Judge James C. Mahan on 10/22/2018. (Copies have been distributed pursuant to the NEF - JM)
August 3, 2018 Opinion or Order Filing 150 ORDER denying 122 Motion to Strike; ORDER denying 124 Motion to Consolidate Cases; ORDER denying 128 Motion for Order to Show Cause; ORDER denying 129 Motion for Certificate of Appealability. (E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit.); ORDER denying 130 Motion for Recusal of District Judge ; ORDER denying 131 Motion for Appointment of Counsel ; ORDER denying 133 Motion for District Judge to Reconsider Order; ORDER denying 134 Motion; O RDER denying 135 Motion to Amend/Correct. Grounds 1, 3, 4, 6, a portion of Ground 7,and Ground 8 of the amended petition (ECF No. 54 ) are dismissed with prejudice. Respondents shall have forty-five (45) days from the date on which this order is entered to answer. Petitioner shall have forty-five (45) days from the date on which the answer is served to file a reply. Signed by Judge James C. Mahan on 8/3/2018. (Copies have been distributed pursuant to the NEF - JM)
September 26, 2017 Opinion or Order Filing 125 ORDER granting 81 Motion to supplement record.; granting 82 Motion to Extend.; granting 84 Motion to Extend Time.; granting 87 Motion to Extend.; denying 88 Motion.; denying 89 Motion/Application for Leave to Proceed in forma pauper is.; denying 91 Motion for Hearing.; denying 92 Motion to Compel.; denying 93 Motion to Appoint Counsel. ; denying 94 Motion.; denying 96 Motion for Leave to File.; granting 97 Motion to Extend.; denying 98 Motion.; granting 102 Motion to Dismiss. Grounds 1, 3, 4, 6, a portion of Ground 7, 4 and Ground 8 of the amended petition are procedurally defaulted; denying 107 Motion to Strike.; denying 108 Motion.; granting 115 Motion for Leave to File.; granting 118 M otion for Leave to File.; granting 119 Motion. FURTHER ORDERED that Petitioner shall have forty-five (45) days from the date this order is entered to file a written response and show cause why the defaulted claims should not be dismissed with prejudice. Signed by Judge James C. Mahan on 9/26/2017; nunc pro tunc as of filing dates for 82, 84, 87, 97 and 119 Motions. (Copies have been distributed pursuant to the NEF - JM)
October 16, 2015 Opinion or Order Filing 74 ORDER that 71 Motion for Stay and Abeyance is GRANTED. This action is STAYED pending exhaustion of petitioner's unexhausted claims. FURTHER ORDERED that the grant of a stay is conditioned upon petitioner further litigating his state post-con viction petition or other appropriate proceeding in state court and returning to federal court with a motion to reopen within forty-five (45) days of issuance of the remittitur by the Supreme Court of Nevada at the conclusion of the state court pro ceedings. FURTHER ORDERED that the Clerk shall administratively close this action, until such time as the court grants a motion to reopen the matter. Signed by Judge James C. Mahan on 10/16/15. (Copies have been distributed pursuant to the NEF - MMM)
May 18, 2015 Opinion or Order Filing 70 ORDER Denying 64 Motion to Discharge Counsel. IT IS FURTHER ORDERED that 67 Motion to Strike is GRANTED. The Clerk of Court Shall Strike 66 from the Record. IT IS FURTHER ORDERED that petitioner, through appointed counsel, shall file, wit hin twenty (20) days of the entry of this order, a motion for a stay and abeyance. IT IS FURTHER ORDERED that 69 Motion for a More Definite Statement is Denied as Moot. Signed by Judge James C. Mahan on 5/18/2015. (Copies have been distributed pursuant to the NEF - DC)
March 9, 2015 Opinion or Order Filing 60 ORDER that 51 Motion for Leave to File Exhibits under seal is GRANTED. Additionally, petitioner's request to file respondents' exhibit DD under seal is GRANTED. Within ten (10) days from the date of entry of this order, respondents SHA LL ELECTRONICALLY FILE UNDER SEAL Exhibits A, B, C, D, G, H, I, J, L, M, Q, R, S, U, V, DD, and MM, pursuant to Local Rule of Civil Practice 10 5. FURTHER ORDERED that, within ten (10) days from the date of entry of this order, respondents SHALL SERV E petitioners counsel with a copy of sealed Exhibits A, B, C, D, G, H, I, J, L, M, Q, R, S, U, V, DD and MM. FURTHER ORDERED that, within ten (10) days from the date of entry of this order, respondents SHALL SERVE petitioners counsel with a copy of s ealed Exhibits A, B, C, D, G, H, I, J, L, M, Q, R, S, U, V, DD and MM. FURTHER ORDERED that respondents' motion to strike improperly filed exhibits (ECF No. 51 ) is GRANTED IN PART as follows: The clerk of court shall strike from the record the documents and exhibits filed at ECF No. 1 , ECF No. 7 , ECF No. 19 , ECF No. 33 , and ECF No. 36 . FURTHER ORDERED that ECF No. 39 shall be stricken by the clerk of court. FURTHER ORDERED that petitioner's motion to file a redacted amend ed petition and exhibits (Contained within ECF No. 52 ) is GRANTED, as the redacted amended petition and exhibits have beenfiled at ECF No. 54 . FURTHER ORDERED that respondents' motion for an extension in which to file a reply regarding the m otion to dismiss (ECF No. 58 ) is GRANTED, nunc pro tunc. FURTHER ORDERED that respondents' motion to dismiss the amended petition (ECF No. 48 ) is GRANTED IN PART AND DENIED IN PART. FURTHER ORDERED that petitioner shall have thirty (3 0) days to inform this court as to how he wishes to proceed or file a motion for a stay and abeyance. FURTHER ORDERED that if petitioner fails to respond to this order within the time permitted, this case may be dismissed. Signed by Judge James C. Mahan on 3/9/15. (Copies have been distributed pursuant to the NEF - MMM)
March 31, 2014 Opinion or Order Filing 55 ORDER Granting 53 Motion to Extend Time to Respond to 48 Motion to Dismiss. Responses due by 4/21/2014. Signed by Judge James C. Mahan on 3/31/2014. (Copies have been distributed pursuant to the NEF - SLR)
March 3, 2014 Opinion or Order Filing 47 ORDER Granting 45 Motion to Extend Time to Respond to the Amended Petition. Answer due 3/7/2014. Denying 43 Motion to Appoint Counsel. Any further documents filed by petitioner in pro se shall be stricken from the record. Petitioner shall proceed through appointed counsel in this action. Signed by Judge James C. Mahan on 3/3/2014. (Copies have been distributed pursuant to the NEF - SLR)
December 26, 2013 Opinion or Order Filing 42 ORDER Granting 40 Respondents' Motion to Withdraw; Withdrawing 38 Respondents' Motion to Strike; and Granting 41 Respondents' Motion to Extend Time to File a Response to the 36 Amended Petition. Attorney General of the State of Nevada and Dwight Neven answers due 2/17/2013. Signed by Judge James C. Mahan on 12/26/2013. (Copies have been distributed pursuant to the NEF - AC)
November 4, 2013 Opinion or Order Filing 37 ORDER that Respondents shall have 45 days within which to Answer, or otherwise Respond, to the 36 Amended Petition for Writ of Habeas Corpus. If an answer is filed, Petitioner shall have 45 days from the date of service of the answer to file a Reply. Signed by Judge James C. Mahan on 11/04/2013. (Copies have been distributed pursuant to the NEF - AC)
October 8, 2013 Opinion or Order Filing 34 ORDER Denying 26 Petitioner's Motion for District to Reconsider 25 Order; Granting 28 Petitioner's Motion to Extend Time to File Amended Petitioner; Granting 29 Petitioner's Motion to Lift Stay of Proceedings; and Granting [3 2] Motion to Withdraw Petition and Exhibits. The Clerk shall REOPEN the action and shall STRIKE the 30 supplemental petition and 31 exhibits from the record. Amended Petition due by 10/15/2013. Case stay lifted. Signed by Judge James C. Mahan on 10/08/2013. (Copies have been distributed pursuant to the NEF - AC)
April 1, 2013 Opinion or Order Filing 25 ORDER Denying 24 Motion to Withdraw as appointed counsel. This action is TEMPORARILY STAYED. The clerk shall ADMINISTRATIVELY CLOSE the case. On or before August 30, 2013, petitioner shall file a motion to reopen the action along with the amended petition. Signed by Judge James C. Mahan on 4/1/2013. (Copies have been distributed pursuant to the NEF - SLR)
February 12, 2013 Opinion or Order Filing 23 ORDER Granting 22 Petitioner's Unopposed Motion for Extension of Time to File Amended Petition. Amended Petition due by 5/20/2013. No additional enlargements of time for this purpose will be granted absent a showing of extraordinary circumstances. Signed by Judge James C. Mahan on 02/12/2013. (Copies have been distributed pursuant to the NEF - AC)
August 15, 2012 Opinion or Order Filing 12 ORDER that the Federal Public Defender is released as counsel. IT IS FURTHER ORDERED that Attorney Todd M Leventhal is appointed as counsel for Cody Leavitt. Counsel for petitioner and respondents shall file a joint statement within 45 days. Amended petition due within 90 days. Respondent shall have 30 days to answer or respond to amended petition. Signed by Judge James C. Mahan on 8/15/12. (Copies have been distributed pursuant to the NEF - cc: CJA administrator - EDS)
July 6, 2012 Opinion or Order Filing 6 ORDER Granting 4 Petitioner's Motion to Appoint Counsel. Federal Public Defender is appointed to represent petitioner. To the extent that it is possible, the same counsel as is appointed to represent petitioner in case number 2:12-cv-00625-MD D-RJJ shall serve as counsel in this action. IT IS FURTHER ORDERED that the Clerk shall electronically serve the federal public defender a copy of this order, together with a copy of this petition for writ of habeas corpus and its attachments. FPD h as 30 days from the date of entry of this order to file a notice of appearance or to indicate to the court its inability to represent petitioner in these proceedings. Signed by Judge James C. Mahan on 7/6/12. (Copies have been distributed pursuant to the NEF - EDS)
June 18, 2012 Opinion or Order Filing 3 ORDER that the clerk shall FILE AND ELECTRONICALLY SERVE 1 Petition upon the respondents. IT IS FURTHER ORDERED that respondents shall have 45 days to answer, or otherwise respond to, the petition. If answer filed, petitioner shall have 45 days f rom service of answer to file a reply. IT IS FURTHER ORDERED that 2 Motion for Appointment of Counsel is DENIED without prejudice. Signed by Judge James C. Mahan on 6/18/12. (Copies have been distributed pursuant to the NEF - cc: respondents - EDS)
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Respondent: Attorney General of the State of Nevada
Represented By: Karen A Whelan
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Respondent: Dwight Neven
Represented By: Karen A Whelan
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Petitioner: Cody Leavitt
Represented By: Rene Valladares
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