Anscott v. Williams
| Jess Guy Anscott |
| Brian Williams |
| Attorney General of the State of Nevada |
| 2:2013cv01833 |
| October 7, 2013 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Jennifer A. Dorsey |
| Cam Ferenbach |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
45
ORDER. IT IS HEREBY ORDERED that 11 Anscott's petition for a writ of habeas corpus is DENIED on its merits, and this action is DISMISSED with prejudice. Because reasonable jurists would not find my decision to be debatable or wrong, I declin e to issue a certificate of appealability. The Clerk of Court is directed to ENTER JUDGMENT in favor of respondents and against Anscott, DISMISS this action with prejudice, and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 3/8/2018., Case terminated. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
44
ORDER Denying 42 Motion to Stay and Abeyance. IT IS FURTHER ORDERED Anscott's reply to the answer is due by 10/6/16. Signed by Judge Jennifer A. Dorsey on 9/6/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
41
ORDER Granting 40 Motion for Clarification. IT IS FURTHER ORDERED that the deadline to reply re 35 Answer to Habeas Petition is extended to 12/17/2015. Signed by Judge Jennifer A. Dorsey on 11/20/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing
39
ORDER Granting 38 Motion for Second Extension of Time. Replies due by 11/17/2015. Signed by Judge Jennifer A. Dorsey on 11/6/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
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ORDER Granting 36 Motion to Extend Time re 35 Answer to Habeas Petition. Replies due by 11/2/2015. Signed by Judge Jennifer A. Dorsey on 9/18/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing
32
ORDER Denying 27 Petitioner's Motion for Leave to Amend Petition and Declaration of Abandonment. IT IS FURTHER ORDERED that respondent shall file an answer to the remaining grounds of the original 11 Petition for a Writ of Habeas Corpus not later than July 16, 2015. Signed by Judge Jennifer A. Dorsey on 06/09/2015. (Copies have been distributed pursuant to the NEF - PS)
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Filing
24
ORDER granting in part and denying in part 15 Motion to Dismiss. Grounds 1(d), 1(e), 2(b), 2(c), 3, and 4 of the federal petition are unexhausted. Additionally, the only portion of Ground 2(a) that is exhausted is petitioners allegation that ap pellate counsel failed to present the Nevada Supreme Court with a transcript of the plea canvass; the remainder of Ground 2(a) is unexhausted. The Court declines to dismiss Grounds 1(c), 1(d), and 1(e) as conclusory at this juncture. To the exten t that Ground 3 alleges that the state district court violated NRS 207.010 when sentencing petitioner as a habitual offender, this state law claim is DISMISSED WITH PREJUDICE as not a cognizable claim for which federal habeas relief can be granted. IT IS FURTHER ORDERED that petitioner has until March 4, 2015, to either: (1) inform this Court in a sworn declaration that he wishes to formally and forever abandon the unexhausted grounds for relief in his federal habeas petition and proceed on the exhausted grounds; OR (2) inform this Court in a sworn declaration that he wishes to dismiss this petition without prejudice in order to return to state court to exhaust his unexhausted claims; OR (3) file a motion for a stay and abeyance, asking this Court to hold his exhausted claims in abeyance while he returns to state court to exhaust his unexhausted claims. If petitioner chooses to file a motion for a stay and abeyance, or seek other appropriate relief, respondents may respond to that motion as provided in Local Rule 7-2. IT IS FURTHER ORDERED that if petitioner elects to abandon his unexhausted grounds, respondents shall have 30 days from the date petitioner serves his declaration of abandonment in which to file a n answer to petitioners remaining grounds for relief. IT IS FURTHER ORDERED that petitioner shall have 30 days following service of respondents answer in which to file a reply. IT IS FURTHER ORDERED that if petitioner fails to respond to this order within the time permitted, this case may be dismissed. Signed by Judge Jennifer A. Dorsey on 2/2/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
10
ORDER Denying 8 Petitioner's Ex Parte Motion. IT IS FURTHER ORDERED that the Clerk shall FILE and ELECTRONICALLY SERVE the petition upon the Respondents. Respondents shall have 45 days from entry of this order to answer or otherwise respond to the petition. See Order for details. Signed by Judge Jennifer A. Dorsey on 04/16/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing
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ORDER that 4 Motion to Extend Time to Pay Filing Fee is GRANTED. Petitioner shall pay the $5.00 filing fee on or before December 15, 2013. Signed by Judge Jennifer A. Dorsey on 11/5/13. (Copies have been distributed pursuant to the NEF - MMM)
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