Green v. LeGrand et al
| Dushon Nichalos Green |
| Attorney General of the State of Nevada and Robert LeGrand |
| 2:2014cv01388 |
| August 25, 2014 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Andrew P. Gordon |
| Nancy J. Koppe |
| 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
110
ORDER. ORDER denying 96 Motion for Reconsideration. ORDER granting 100 Motion to Dismiss as follows: (1) ground 1 is dismissed with prejudice as not cognizable under Stone, and (2) ground 3 is unexhausted. IT IS FURTHER ORDE R that Green has until May 10, 2024 to inform the court how he wishes to proceed on ground 3 as outlined above. If Green chooses to file a motion for a stay and abeyance or seek other appropriate relief, the respondents may respond according to Local Rule 7-2. Signed by Judge Andrew P. Gordon on 4/3/2024. (Copies have been distributed pursuant to the NEF - CT)
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Filing
107
ORDER granting 106 Motion to Extend Time to File Consolidated Reply to 96 Motion for Reconsideration and Response to 100 Motion to Dismiss. Response and Reply due by 3/12/2024. Signed by Judge Andrew P. Gordon on 3/6/2024. (Copies have been distributed pursuant to the NEF - ABG)
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Filing
105
ORDER Granting 104 Motion to Extend Time re 96 Motion for Reconsideration and 100 Motion to Dismiss. Green will have up to and including March 5, 2024, to file his consolidated response to the motion to dismiss and reply to the motion for reconsideration. Replies due by 3/5/2024. Responses due by 3/5/2024. Signed by Judge Andrew P. Gordon on 1/2/2024. (Copies have been distributed pursuant to the NEF - RGDG)
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Filing
103
ORDER granting ECF No. 102 Motion to Consolidate Responses. Petitioner has up to and including January 5, 2024, to file his consolidated reply in support of his motion for reconsideration (ECF No. 96 ) and opposition to the motion to dismiss (ECF No. 100 ). Signed by Judge Andrew P. Gordon on 11/13/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
99
ORDER Granting 97 Motion to Extend Time and 98 Motion for Reconsideration. Attorney General of the State of Nevada answer due 11/16/2023; Tim Garrett answer due 11/16/2023. Responses due by 11/16/2023. Signed by Judge Andrew P. Gordon on 10/31/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing
94
ORDER Granting 93 Motion to Extend Time to File Second Amended Petition. Amended Petition due by 10/17/2023. Signed by Judge Andrew P. Gordon on 7/19/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing
91
ORDER Granting 90 Motion to Extend Time. Amended Petition due by 7/19/2023. Signed by Judge Andrew P. Gordon on 4/20/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
89
ORDER.IT IS ORDERED that petitioner Dushon Nichalos Green's pro se motion [ECF No. 88 ] shall be stricken as a fugitive document. Signed by Judge Andrew P. Gordon on 4/18/2023. (Copies have been distributed pursuant to the NEF - KF)
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Filing
87
ORDER granting 86 Motion to Extend Time; Amended Petition due by 4/20/2023. Signed by Judge Andrew P. Gordon on 1/19/2023. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
85
ORDER. The Federal Public Defender, through C.B. Kirschner, is appointed as counsel for the petitioner Dushon Nichalos Green under 18 U.SC. § 3006A(a)(2)(B). If necessary, Green must file a second amended petition for writ of habeas corpus within 120 days after entry of this Order. See Order for further details. Signed by Judge Andrew P. Gordon on 9/22/2022. (Copies have been distributed pursuant to the NEF - TRW)
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Filing
83
ORDER denying without prejudice 75 Motion to Dismiss; ORDER denying 77 Motion to Proceed. The Federal Public Defender shall be provisionally appointed as counsel and shall have 30 days to either undertake representation of Green or indicate a n inability to do so. The Clerk accordingly shall SEND a copy of this order, over and above the electronic notice to the respondents, Green, the Federal Public Defender, and the CJA Coordinator for this Division. Signed by Judge Andrew P. Gordon on 7/15/2022. (Copies have been distributed pursuant to the NEF - cc by mail to P and by email to FPD, CJA - HAM)
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Filing
74
ORDER granting 72 Motion to Extend Time Re: 69 Amended Petition for Writ of Habeas Corpus. Attorney General of the State of Nevada answer due 2/4/2022; Warden Garrett answer due 2/4/2022. Signed by Judge Andrew P. Gordon on 12/14/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
71
ORDER. Respondents have until December 6, 2021, to answer or otherwise respond to the first amended petition for writ of habeas corpus (ECF No. 69 ). Petitioner will then have 60 days from the date of service of an answer to file a reply brief. Any procedural defenses Respondents raise in this case must be raised together in a single consolidated motion to dismiss. Signed by Judge Andrew P. Gordon on 10/7/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
65
ORDER. IT IS THEREFORE ORDERED that 64 petitioner's motion for a 30-day extension of time in which to file a state post-conviction petition is GRANTED. IT IS FURTHER ORDERED that 63 because this Court has already granted petitioner a st ay and abeyance, his motion seeking additional time to file a reply to respondents' opposition to the motion for stay is DENIED AS MOOT. Signed by Judge Andrew P. Gordon on 6/27/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
62
ORDER. IT IS ORDERED that 60 respondents' motion for an extension of time to file an opposition is GRANTED, nunc pro tunc. IT IS FURTHER ORDERED that 57 petitioner's motion for a stay and abeyance is GRANTED. IT IS FURTHER ORDERED that this action is STAYED pending exhaustion of the unexhausted claims. IT IS FURTHER ORDERED that the grant of a stay is conditioned upon petitioner filing a state post-conviction petition or other appropriate proceeding in state court within forty-five (45) days from the entry of this order 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 proceedings. IT IS 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 Andrew P. Gordon on 5/15/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
56
ORDER. IT IS THEREFORE ORDERED that 14 respondents' motion to dismiss is GRANTED, as follows: 1) To the extent that any part of the federal petition can be read as alleging a substantive Fourth Amendment violation, those allegations are DISMISSED WITH PREJUDICE. 2) Grounds 19 & 20 of the federal petition are DISMISSED WITHOUT PREJUDICE for failing to state a cognizable federal habeas claim. 3) Grounds 1-20 of the federal petition are unexhausted, in part or whole, as specified in t his order. IT IS FURTHER ORDERED that petitioner shall have thirty (30) days 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 an d 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 such motion as provided in Local Rule 7-2. See Order for further details. Signed by Judge Andrew P. Gordon on 2/13/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
52
ORDER. IT THEREFORE IS ORDERED that 47 petitioner's motion to file a surreply is GRANTED such that petitioner shall have twenty-one (21) days from entry of this order within which to file a surreply on 14 respondents' motion to dism iss. Respondents shall have fourteen (14) days from service to file a surrebuttal. Neither surreply nor surrebuttal shall exceed ten (10) pages. Signed by Judge Andrew P. Gordon on 10/6/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
41
ORDER denying ECF No. 36 Motion for District Judge to Reconsider Order and granting ECF No. 40 Motion to Extend Time re 14 Motion to Dismiss. (Replies due by 8/4/2016.) Signed by Judge Andrew P. Gordon on 6/30/16. (Copies have been distributed pursuant to the NEF - JC)
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Filing
35
ORDER. IT IS ORDERED that Green's Renewed Motion for Appointment of Counsel 28 is DENIED, and Green's Motion to Stay Proceedings 29 is DENIED.IT IS FURTHER ORDERED that Green's Motion for Ruling 33 is DENIED as moot. Signed by Judge Andrew P. Gordon on 3/29/16. (Copies have been distributed pursuant to the NEF - PS)
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