Duke v. Neven et al
Petitioner: David Van Duke
Respondent: Attorney General of the State of Nevada and Dwight Neven
Case Number: 2:2013cv00688
Filed: April 22, 2013
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Andrew P. Gordon
Presiding Judge: Peggy A. Leen
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
November 13, 2019 Opinion or Order Filing 58 ORDER. IT IS ORDERED that 6 the Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody is DENIED. IT IS FURTHER ORDERED that Duke is denied a certificate of appealability. IT IS FURTHER ORDERED the C lerk of Court to substitute Jerry Howell for Dwight Neven as the respondent warden on the docket for this case. IT IS FURTHER ORDERED that the Clerk of the Court to enter judgment accordingly. Signed by Judge Andrew P. Gordon on 11/13/2019. (Copies have been distributed pursuant to the NEF - ADR)
May 9, 2018 Opinion or Order Filing 49 ORDER Granting 48 Motion to Extend Time. Respondents shall have up to and including 5/16/18, within which to file and serve an answer to the remaining claims of the petition. Signed by Judge Andrew P. Gordon on 5/9/2018. (Copies have been distributed pursuant to the NEF - ADR)
April 10, 2018 Opinion or Order Filing 47 ORDER Granting 46 Motion to Extend Time. Respondents shall have up to and including 5/9/18, within which to file and serve an answer to the remaining claims of the petition. Signed by Judge Andrew P. Gordon on 4/10/2018. (Copies have been distributed pursuant to the NEF - ADR)
February 26, 2018 Opinion or Order Filing 45 ORDER Granting 44 Motion to Extend Time. Respondents shall have up to and including 4/9/18, within which to file and serve an answer to the remaining claims of the petition. Signed by Judge Andrew P. Gordon on 2/26/2018. (Copies have been distributed pursuant to the NEF - ADR)
January 9, 2018 Opinion or Order Filing 43 ORDER. IT IS ORDERED that 42 petitioner's motion to dismiss the unexhausted claims is GRANTED. IT IS FURTHER ORERED that respondents shall file an answer to all remaining claims in the petition within forty-five (45) days of the date of this order. Signed by Judge Andrew P. Gordon on 1/9/2018. (Copies have been distributed pursuant to the NEF - ADR)
November 13, 2017 Opinion or Order Filing 41 ORDER. IT IS ORDERED that to the extent Ground Three asserts a substantive sufficiency of the evidence claim as to the transportation conviction, that part of Ground Three is DISMISSED as procedurally defaulted. IT IS FURTHER ORDERED that 33 the court's order of 3/19/15 is vacated to the extent but only to the extent -- it granted and deferred entry of a stay of this action. IT IS FURTHER ORDERED that 26 petitioner's motion to stay is denied without prejudice. See Order for further deadlines. Signed by Judge Andrew P. Gordon on 11/13/2017. (Copies have been distributed pursuant to the NEF - ADR)
May 26, 2015 Opinion or Order Filing 37 ORDER Granting 36 Motion to Extend Time to File Supplemental Brief. Supplemental Brief due by 6/3/2015. Signed by Judge Andrew P. Gordon on 5/26/2015. (Copies have been distributed pursuant to the NEF - DC)
March 19, 2015 Opinion or Order Filing 33 ORDER Granting 26 Motion to Stay. IT IS FURTHER ORDERED that 28 Motion to Lift Stay is DENIED. IT IS FURTHER ORDERED that respondent's supplemental brief SHALL BE FILED AND SERVED within 30 days of this order. IT IS FURTHER ORDERED that petitioner's supplemental brief SHALL BE FILED AND SERVED within 30 days of being served with respondents' supplemental brief. Signed by Judge Andrew P. Gordon on 3/19/15. (Copies have been distributed pursuant to the NEF - TR)
June 30, 2014 Opinion or Order Filing 25 ORDER Denying 15 Motion to Appoint Counsel. Denying 16 and 19 Motions to Amend the Petition. Denying without prejudice 18 Motion to Stay. Granting 8 Motion to Dismiss. Petitioner shall have 30 days to either file a sworn declara tion or a motion. Respondents shall have 30 days from the date petitioner serves his declaration of abandonment to file an answer. Petitioner shall have 30 days following service of respondents answer in which to file a reply. Signed by Judge Andrew P. Gordon on 6/30/2014. (Copies have been distributed pursuant to the NEF - SLR)
July 22, 2013 Opinion or Order Filing 5 ORDER that the Clerk shall file and electronically serve the petition upon the respondents. FURTHER ORDERED that respondents shall have 45 days from entry of this order within which to answer/respond to the petition. Signed by Judge Andrew P. Gordon on 7/22/13. (Copies have been distributed pursuant to the NEF - MMM)
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Respondent: Attorney General of the State of Nevada
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Respondent: Dwight Neven
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Petitioner: David Van Duke
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