Murray v. Williams et al
| Steven Nelson Murray |
| Attorney General of the State of Nevada and Brian E. Williams, Sr. |
| 2:2012cv02212 |
| December 28, 2012 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Cam Ferenbach |
| James C. Mahan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
134
ORDER Granting 124 Motion to Revoke Petitioners Release from Physical Custody. The Courts 12/24/2020, order releasing Petitioner Steven Nelson Murray (ECF No. 114 ) from physical custody is revoked. IT IS FURTHER ORDERED that the United Stat es Probation Office for the District of Nevada or any peace officer in the State of Nevada shall take petitioner into custody and arrange for him to be transferred into the custody of the Nevada Department of Corrections. IT IS FURTHER ORDERED th at Respondents shall file a notice in this action, informing the Court when Petitioner has been returned to the physical custody of the Nevada Department of Corrections. Signed by Judge Richard F. Boulware, II on 1/12/2023. (Copies have been distributed pursuant to the NEF -adhoc Prob - TRW)
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Filing
114
ORDER that the Amended Petition for Writ of Habeas Corpus (ECF No. 60) is GRANTED IN PART AND DENIED IN PART. Petitioner is granted relief on Grounds 1 and 3 of the Amended Petition; he is denied relief on all other claims.IT IS FURTHER ORDERED that the Petitioner's, Steven Nelson Murray's, conviction of vehicular homicide shall be vacated within 60 days, unless the Respondents file in this action, within that 60-day period, a written notice of election to retry Murray, and the S tate thereafter, within 180 days after the filing of that notice, commences jury selection in the retrial. Either party may request from this Court reasonable modification of the time limits set forth in this paragraph. This aspect of the grant of ha beas corpus relief will be stayed pending the conclusion of any appellate or certiorari review in the Ninth Circuit Court of Appeals or the United States Supreme Court, or the expiration of the time for seeking such appellate or certiorari review, wh ichever occurs later.IT IS FURTHER ORDERED that Petitioner is denied a certificate of appealability with respect to the claims on which relief is denied.IT IS FURTHER ORDERED that Petitioners Emergency Motion for Release Pending Decision Due to Risks of Infection by COVID-19 (ECF No. 95) is DENIED as moot.IT IS FURTHER ORDERED that, pursuant to Federal Rule of Appellate Procedure 23(c), Petitioner shall be released by Respondents from physical custody, no later than 5:00 p.m. on December 25, 2020, under supervision by the United States Probation Office for the District of Nevada (U.S. Probation), upon the following conditions:(a) Petitioner shall report to U.S. Probation in Las Vegas as required by that office;(b ) Petitioner shall maintain residence in Clark County, Nevada;(c) Petitioner shall not drive any motor vehicle;(d) Petitioner shall not travel out of the State of Nevada;(e)Petitioner shall not use any narcotic drug or other controlled su bstance, as defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner.IT IS FURTHER ORDERED that Mr. Murray shall report to the Probation Office on December 28, 2020 in person after his release to review his con ditions of release.IT IS FURTHER ORDERED that the Clerk of the Court shall provide a copy of this order, and the judgment to be entered, to the Clerk of Nevadas Eighth Judicial District Court, Clark County, Nevada, with reference to that court� 39;s case number C246302.IT IS FURTHER ORDERED that the Clerk of the Court is directed to enter judgment accordingly.Signed by Judge Richard F. Boulware, II on 12/24/2020.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing
91
ORDER granting 88 Motion for Leave to File Document; ORDER granting in part and denying in part 89 Motion to Extend Time; Re: 85 Motion for Hearing Before District Judge. Responses due by 7/7/2020. Petitioner will then have seven (7) days to file a reply. Signed by Judge Richard F. Boulware, II on 6/18/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
87
ORDER granting 86 Motion to Extend Time; Re: 85 Motion for Hearing Before District Judge. Responses due by 6/17/2020. Signed by Judge Richard F. Boulware, II on 5/18/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
75
ORDER granting 74 Motion to Extend Time; Respondents shall have until December 20, 2019 to answer all remaining claims of the First Amended Petition for Writ of Habeas Corpus. Signed by Judge Richard F. Boulware, II on 11/5/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
72
ORDER granting in part and denying in part 64 Motion to Dismiss (see order for details); ORDER granting 71 Motion for Leave to File Document. Respondents will have sixty days from the date of entry of this order to file an answer to all remaining claims of the amended petition. Petitioner will have thirty days thereafter within which to file a reply. FURTHER ORDERED that any request for an evidentiary hearing included within the opposition is DENIED WITHOUT PREJUDICE. Signed by Judge Richard F. Boulware, II on 9/6/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
69
ORDER granting 68 Motion to Extend Time; Re: 64 Motion to Dismiss. Replies due by 5/1/2019. Signed by Judge Richard F. Boulware, II on 3/28/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
66
ORDER granting 65 Motion to Extend Time; Re: 64 Motion to Dismiss. Responses due by 3/25/2019. Signed by Judge Richard F. Boulware, II on 1/23/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
62
ORDER that respondents will have until January 7, 2019, to answer or otherwise respond to the amended petition. Signed by Judge Richard F. Boulware, II on 11/6/2018. (Copies have been distributed pursuant to the NEF - JM)
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Filing
59
ORDER granting 58 Motion to Extend Time; Amended Petition due by 11/5/2018. Signed by Judge Richard F. Boulware, II on 9/4/2018. (Copies have been distributed pursuant to the NEF - JM)
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Filing
38
ORDER Staying and Administratively Closing the Case. 32 Motion for Stay and Abeyance is Granting. Status Report Due Within 45 Days of this Order. Signed by Judge Richard F. Boulware, II on 3/31/2015. (Copies have been distributed pursuant to the NEF - DC)
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Filing
27
ORDER that within 30 days from the date of entry of this order, petitioner shall file a motion for a stay. Signed by Judge James C. Mahan on 3/3/2014. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
23
ORDER Granting 10 Motion to Partially Dismiss. A sworn declaration or a Motion is due within 30 days. If petitioner elects to abandon his unexhausted grounds, respondents shall have 30 days to file an Answer. Petitioner shall have 30 days following service of respondents answer in which to file a reply. Signed by Judge James C. Mahan on 1/22/2014. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
5
ORDER Granting 1 Petitioner's Motion/Application for Leave to Proceed in forma pauperis; Denying 2 Petitioner's Ex Parte Motion for the Appointment of counsel; and Granting 3 Petitioner's Motion for Leave to File Excess Pages. The clerk SHALL FILE the Petition for a Writ of Habeas Corpus. IT IS FURTHER ORDERED that the clerk shall ELECTRONICALLY SERVE the petition upon the Respondents. Respondents shall have 45 days from entry of this order within which to answer, or othe rwise respond to, the petition. The hard copy of all state court record exhibits shall be forwarded, for this case, to the staff attorneys in the Reno division of the clerk of court. Signed by Judge James C. Mahan on 04/09/2013. (Copies have been distributed pursuant to the NEF - AC)
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