Adkisson v. Neven et al
| Michael Dean Adkisson |
| Attorney General of the State of Nevada and D.W. Neven |
| 2:2014cv01934 |
| November 20, 2014 |
| U.S. District Court for the District of Nevada |
| Las Vegas Office |
| Andrew P. Gordon |
| Carl W. Hoffman |
| 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
128
ORDER. It is there Ordered that the petition for a writ of habeas corpus under 28 U.S.C. § 2254 28 is denied. It Is further ordered that a certificate of appealability is denied. It is further ordered that the Clerk of the Court to substit ute Nethanjah Breitenbach for respondent D.W. Neven. It is further ordered that petitioner's motion for reconsideration 126 is denied. It is further ordered that the Clerk of Court to enter judgment accordingly and close this case. Signed by Judge Andrew P. Gordon on 3/28/2023. (Copies have been distributed pursuant to the NEF - LOE)
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Filing
122
ORDER Denying 109 Motion for Leave to File third amended petition. ORDER Denying 116 Motion for Leave to File a motion to order clerk to add exhibits. ORDER Denying 117 Motion for Order to Clerk to file second supplemental index of exhibits. Signed by Judge Andrew P. Gordon on 6/30/2022. (Copies have been distributed pursuant to the NEF - LOE)
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Filing
119
ORDER granting 118 Motion to Extend Time Re: 109 Motion for Leave to File Third Amended Petition. Responses due by 2/17/2022. Signed by Judge Andrew P. Gordon on 2/16/2022. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
115
ORDER Denying 101 Motion for Leave to File Supplemental Claim and 102 Motion to Compel. The Court Further GRANTS nunc pro tunc 103 and 105 Motions to Extend Time. The Court Further Orders that respondents file a response to 109 Second MOTION for Leave to File Third Amended Petition within 21 days. Petitioner may file a reply within 14 days of response filing. Signed by Judge Andrew P. Gordon on 1/25/2022. (Copies have been distributed pursuant to the NEF - DRS) Modified text on 1/26/2022 (SLD).
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Filing
99
ORDER. IT IS ORDERED that petitioner's motion to reopen case (ECF No. 94 ) is GRANTED. IT IS FURTHER ORDERED that counsel for petitioner's motion to withdraw (ECF No. 96 ) is GRANTED. The FPD is withdrawn as counsel of record for th is case. IT IS FURTHER ORDERED that, within 30 days of the date of this order, petitioner file a motion for leave to file an amended petition. IT IS FURTHER ORDERED that if petitioner does not file a motion for leave to amend within 30 days, the second-amended petition will stand briefed and ready for a merits decision. Signed by Judge Andrew P. Gordon on 7/20/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
91
ORDER Granting Petitioner's 82 Second Motion for Stay and Abeyance. This action is STAYED pending final resolution of the Petitioner's postconviction habeas petition. The Clerk shall ADMINISTRATIVELY CLOSE this action until a judge of this court orders it reopened. Signed by Judge Andrew P. Gordon on 11/14/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
85
ORDER granting 84 Motion to Extend Time; Re: 82 Motion to Stay Case. Replies due by 5/30/2019. Signed by Judge Andrew P. Gordon on 5/1/2019. (Copies have been distributed pursuant to the NEF - JM)
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Filing
81
ORDER Granting Petitioner's 77 Motion to Defer a Merits Decision on this Federal Habeas Petition. Within 60 days of the date of this order Adkisson shall file a status report regarding his state-court proceedings and whether he will seek a stay in this case. Petitioner's 73 Third Motion to Extend Time to File Supplemental Authorities is Granted nunc pro tunc. Signed by Judge Andrew P. Gordon on 2/8/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
80
ORDER Granting 79 Unopposed Motion to Extend Time Re: 77 Motion to Stay Case. Petitioner's Replies due by 8/22/2018. Signed by Judge Andrew P. Gordon on 8/17/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
68
ORDER Granting Petitioner's 65 Motion to File Supplemental Reply Re: 60 Reply to 49 Answer. Petitioner shall file his supplemental reply within 30 days of the date of this order. Respondents' response due within 30 days of the date of service of the supplemental reply. Signed by Judge Andrew P. Gordon on 2/27/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
56
ORDER Granting 55 Unopposed Motion to Extend Time (Third Request) to File a Reply to 49 Answer to Amended Habeas Petition. Reply due by 8/21/2017. Signed by Judge Andrew P. Gordon on 7/17/2017. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
51
ORDER Granting 50 Unopposed Motion to Extend Time to File Reply to Answer. (Replies due by 6/27/2017.) Signed by Judge Andrew P. Gordon on 4/26/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
48
ORDER that Respondents' 36 Motion to Dismiss is Denied. Respondents' 35 Motion to Extend Time to File a Response to the Petition is Granted nunc pro tunc. Petitioner's 43 , 44 First and Second Motions to Extend Time to Fi le the Opposition to the Motion to Dismiss are both Granted nunc pro tunc. Respondents have 45 days to file an answer to the 28 Amended Petition. Petitioner has 30 days after the date of service of the answer in which to file the reply in support of the petition. Signed by Judge Andrew P. Gordon on 2/13/2017. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
34
ORDER denying ECF No. 31 Motion for More Definite Statement; directing Respondents to answer ECF No. 28 Second Amended Petition as provided in ECF No. 14 Order; granting nunc pro tunc ECF Nos. 26 and 27 Motions to Extend Time. Signed by Judge Andrew P. Gordon on 5/3/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing
14
ORDER that Respondents shall enter a Notice of Appearance within 10 days of entry of this Order. Petitioner has 90 days from the date of this Order to file and serve on Respondents an Amended Petition for Writ of Habeas Corpus. Respondents have 30 days after service of the Amended Petition to answer. Petitioner has 30 days after service of the answer to file a reply. The parties shall send courtesy copies of all exhibits to the Reno Division of this court. Signed by Judge Andrew P. Gordon on 7/6/2015. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
12
ORDER Granting Petitioner's 9 Motion to Lift Stay, 10 Motion to Reopen Case, and 11 Renewed Motion to Appoint Counsel. As the stay is lifted by this Order the Clerk shall reopen the file in this action. The Federal Public Defender i s appointed to represent Petitioner. The Clerk shall electronically serve the FPD and the Respondents a copy of this Order together with the 8 Petition for Writ of Habeas Corpus. The FDP shall have 30 days from the date of entry of this Order to file a Notice of Appearance or to indicate its inability to represent Petitioner in these proceedings. Respondents need take no action until further order by the court. Signed by Judge Andrew P. Gordon on 5/29/2015. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
7
ORDER that the Clerk shall detach and file Petitioner's 1 -1, 1 -2 Federal Habeas Petition. Petitioner's 2 Motion for Issuance of Stay and Abeyance of the Federal Habeas Corpus proceeding is Granted. Petitioner's 3 Motion to Appoint Counsel is Denied without prejudice. This action is Stayed pending final resolution of petitioner's postconviction habeas petition. The grant of a stay is conditioned upon petitioner returning to federal court with a motion to reopen the case within 45 days of the issuance of the remittitur by the Supreme Court of Nevada. 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 4/13/2015. (Copies have been distributed pursuant to the NEF - SLD)
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