Farnum v. LeGrand
Petitioner: John Michael Farnum
Respondent: Attorney General State of Nevada and Warden Robert LeGrand
Case Number: 2:2013cv01304
Filed: July 23, 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
July 6, 2023 Opinion or Order Filing 95 ORDER granting ECF No. 94 Motion to Extend Time. Respondents' deadline to file their response re ECF No. 91 Brief is extended to August 4, 2023. Signed by Judge Andrew P. Gordon on 7/6/2023. (Copies have been distributed pursuant to the NEF - DLS)
April 18, 2023 Opinion or Order Filing 93 ORDER Granting 92 Motion to Extend Time for extension of time to file response to 91 Opening Brief. Responses due by 6/19/2023. Signed by Judge Andrew P. Gordon on 4/18/2023. (Copies have been distributed pursuant to the NEF - LOE)
December 16, 2022 Opinion or Order Filing 85 ORDER Granting 83 Motion to permit supplemental briefing. Petitioner has until February 17, 2023, to file an opening brief addressing the issues identified by the Ninth Circuit's remand. The respondents have 60 days from the date petitioner's brief is filed to file their answering brief. Petitioner's reply brief is due 30 days after the answering brief is filed. Signed by Judge Andrew P. Gordon on 12/16/2022. (Copies have been distributed pursuant to the NEF - LOE)
February 23, 2021 Opinion or Order Filing 76 ORDERED that Farnum's 53 Second Amended Petition for Writ of Habeas Corpus is DENIED. A Certificate of Appealability is DENIED. The Clerk is instructed to enter judgment and close the case. Signed by Judge Andrew P. Gordon on 2/23/2021. (Copies have been distributed pursuant to the NEF - DRS)
September 30, 2020 Opinion or Order Filing 75 ORDER granting 73 UNOPPOSED SECOND MOTION to Extend Time re 70 Answer to Amended Habeas Petition. Signed by Judge Andrew P. Gordon on 9/30/2020. (Copies have been distributed pursuant to the NEF - DRS)
June 10, 2019 Opinion or Order Filing 69 ORDER Granting 68 Unopposed Motion to Extend Time (Second Request) Re: 53 Second Amended Petition for Writ of Habeas Corpus. Respondents' answer due 6/28/2019. Signed by Judge Andrew P. Gordon on 6/7/2019. (Copies have been distributed pursuant to the NEF - SLD)
April 9, 2019 Opinion or Order Filing 66 ORDER Granting 65 First Motion to Extend Time Re: 53 Second Amended Petition for Writ of Habeas Corpus. Respondents' answer due 6/7/2019. Signed by Judge Andrew P. Gordon on 4/9/2019. (Copies have been distributed pursuant to the NEF - SLD)
February 22, 2019 Opinion or Order Filing 63 ORDER Granting in part and Denying in part Respondents' 58 Motion to Dismiss Re: 53 Second Amended Petition for Writ of Habeas Corpus. Rspondents shall file an answer to the remaining claims in the second amended petition by 4/9/2019. Petitioner shall have 45 days from the date on which the answer is served to file a reply. Signed by Judge Andrew P. Gordon on 2/22/2019. (Copies have been distributed pursuant to the NEF - SLD)
January 2, 2018 Opinion or Order Filing 52 ORDER granting 50 Motion to Lift Stay of Case; Amended Petition due 30 days from date this order is entered. Response due 60 days following service of petition, Reply due 45 days following service of an answer. Signed by Judge Andrew P. Gordon on 12/29/2017.; Case reopened. (Copies have been distributed pursuant to the NEF - JM)
October 13, 2015 Opinion or Order Filing 43 ORDER GRANTING # 41 Motion for clarification as set forth herein. Signed by Judge Andrew P. Gordon on 10/13/2015. (Copies have been distributed pursuant to the NEF - DRM)
July 10, 2015 Opinion or Order Filing 39 ORDER that this action is STAYED to allow petitioner to exhaust in state court all his unexhausted claims for habeas corpus relief. Petitioner shall file and serve a status report describing the status of his state-court proceedings by 12/15/2015. Following the conclusion of petitioner's state court proceedings petitioner shall within 30 days make a motion to lift the stay. Signed by Judge Andrew P. Gordon on 7/10/2015. (Copies have been distributed pursuant to the NEF - SLD)
June 19, 2015 Opinion or Order Filing 37 ORDER Granting Petitioner's 35 Motion to Amend and for Stay Pending Exhaustion of State Remedies. The initial 34 Motion to Amend and for Stay is Denied as moot. Petitioner has 20 days from the date this Order is entered to file an Amen ded Petition containing only exhausted claims. Upon the filing of an Amended Petition this court shall stay this action and hold it in abeyance until the conclusion of Petitioner's state-court litigation. Signed by Judge Andrew P. Gordon on 6/19/2015. (Copies have been distributed pursuant to the NEF - SLD)
March 24, 2015 Opinion or Order Filing 32 ORDER that Respondents' 27 Motion to Dismiss is Granted in part with respect to issues 1, 2, 4, 6, 7, and 8. Petitioner shall have 30 days from the date of entry of this order to do one of the following:inform the court in a sworn declar ation that he wishes to dismiss issues 1, 2, 4, 6, 7, and 8 of his 1 petition and proceed only on the remaining grounds for relief;inform the court in a sworn declaration that he wishes to dismiss his 1 petition to return to state court to e xhaust his state remedies with respect to the claims set out in issues 1, 2, 4, 6, 7, and 8 of his 1 petition;move to stay this action while he returns to state court to exhaust his state remedies with respect to the claims set out in issues 1, 2, 4, 6, 7, and 8 of his 1 petition. Failure to comply will result in the dismissal of this action (see Order for additional deadlines). Signed by Judge Andrew P. Gordon on 3/24/2015. (Copies have been distributed pursuant to the NEF - SLD)
May 7, 2014 Opinion or Order Filing 24 ORDER Denying Respondents' 10 Motion to Disqualify Counsel for Petitioner. 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 Andrew P. Gordon on 5/7/2014. (Copies have been distributed pursuant to the NEF - SLD)
October 9, 2013 Opinion or Order Filing 14 ORDER Granting 11 Motion to Extend Time. Response to the petition shall be filed 45 days of entry of the order deciding the 10 Motion to Disquaify. Respondents shall have 30 days to identify those claims that are purported to be procedural ly defaulted. Petitioner shall have 30 days to rebut the assertion through citation to the state record and to file a waiver of any present or potential conflict of interest with counsel. Signed by Judge Andrew P. Gordon on 10/9/2013. (Copies have been distributed pursuant to the NEF - SLR)
August 1, 2013 Opinion or Order Filing 8 ORDER that the Clerk shall FILE and ELECTRONICALLY SERVE the petition upon the respondents. Answer due within 45 days. Reply due within 45 days of Answer. Signed by Judge Andrew P. Gordon on 8/1/2013. (Copies have been distributed pursuant to the NEF - SLR)
July 31, 2013 Opinion or Order Filing 6 ORDER that Petitioner shall have 20 days from entry of this order to either pay $5 Filing Fee or Submit a Fully Completed Application to Proceed in Forma Pauperis. Signed by Judge Andrew P. Gordon on 7/30/2013. (Copies have been distributed pursuant to the NEF - SLR)
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Respondent: Attorney General State of Nevada
Represented By: Catherine Cortez-Masto
Represented By: Jared M Frost
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Respondent: Warden Robert LeGrand
Represented By: Catherine Cortez-Masto
Represented By: Jared M Frost
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Petitioner: John Michael Farnum
Represented By: Michael H. Schwarz
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