Carley v. NDOC/FMWCC et al
| Elizabeth Carley |
| Attorney General of the State of Nevada and NDOC/FMWCC |
| 2:2014cv02097 |
| December 11, 2014 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Peggy A. Leen |
| James C. Mahan |
| 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
114
ORDER Granting 106 Motion to Dismiss. Petitioner Elizabeth Carleys petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 [ECF No. 96 ] is DISMISSED WITH PREJUDICE for a lack of jurisdiction. Because reasonable jurists would not find the courts determination to be debatable or wrong, the court will not issue a certificate of appealability. It is further ordered that the clerk of the court is directed to enter judgment accordingly and close this action. Signed by Judge James C. Mahan on 12/5/2022. (Copies have been distributed pursuant to the NEF - TRW)
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Filing
111
ORDER. IT THEREFORE IS ORDERED that respondents' unopposed motion for extension of time (first request) (ECF No. 110 ) is GRANTED. Respondents will have up to and including October 5, 2022, to file their reply to petitioner's opposition to 106 motion to dismiss. Signed by Judge James C. Mahan on 9/7/2022. (Copies have been distributed pursuant to the NEF - YAW) Modified to link to underlying motion on 9/7/2022 (EDS).
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Filing
108
ORDER. IT THEREFORE IS ORDERED that petitioner's unopposed motion for extension of time (first request) (ECF No. 107 ) is GRANTED. Petitioner will have up to and including August 29, 2022, to file an opposition to the respondents' motion to dismiss (ECF No. 106 ). Signed by Judge James C. Mahan on 8/4/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing
105
ORDER. IT THEREFORE IS ORDERED that respondents' unopposed motion for extension of time (fourth request) (ECF No. 104 ) is GRANTED. Respondents will have up to and including July 15, 2022, to file their response to the fourth amended petition (ECF No. 96 ). Signed by Judge James C. Mahan on 6/16/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing
103
ORDER granting 102 Motion to Extend Time Re: 96 Amended Petition for Writ of Habeas Corpus. Responses due by 6/15/2022. Signed by Judge James C. Mahan on 5/20/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
101
ORDER granting 100 Motion to Extend Time Re: 96 Amended Petition for Writ of Habeas Corpus. Responses due by 5/16/2022. Signed by Judge James C. Mahan on 3/22/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
99
ORDER Granting 98 Unopposed Motion to Extend Time (First Request) re 96 Amended Petition for Writ of Habeas Corpus. Responses due by 3/14/2022. Signed by Judge James C. Mahan on 2/3/2022. (Copies have been distributed pursuant to the NEF - YAW)
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Filing
95
ORDER. IT THEREFORE IS ORDERED that petitioner's motion for leave to file fourth amended petition (ECF No. 93 ) is GRANTED. Petitioner must file the fourth amended petition and exhibits within 7 days of the date of entry of this order. IT FURT HER IS ORDERED that respondents must file a response to the petition, including potentially by motion to dismiss, within 60 days of entry of this order and that petitioner may file a reply within 30 days of service of an answer. See Order for additional information. Signed by Judge James C. Mahan on 11/30/2021. (Copies have been distributed pursuant to the NEF - YAW)
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Filing
92
ORDER. IT THEREFORE IS ORDERED that petitioner's unopposed motion for extension of time (first request) (ECF No. 90 ) is Granted. Petitioner will have up to and including 10/15/2021, to complete discovery. Signed by Judge James C. Mahan on 9/9/2021. (Copies have been distributed pursuant to the NEF - YAW)
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Filing
91
ORDER Granting 90 Motion to Extend Time. Discovery due by 10/15/2021. Signed by Judge James C. Mahan on 9/8/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
89
ORDER granting 82 Motion for Discovery. Discovery must be completed within 90 days from the date of entry of this order. Petitioner will have 30 days from the completion of discovery to file and serve any appropriate motion. FURTHER ORDERED the 88 Motion to Extend Time to respond to third amended petition for writ of habeas corpus is GRANTED. Respondents need not respond to the third amended petition (ECF No. 80) until further order of the court. Signed by Judge James C. Mahan on 6/4/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
85
ORDER granting 84 Motion to Extend Time Re: 82 Motion for Discovery; Responses due by 4/30/2021. Signed by Judge James C. Mahan on 4/23/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
79
ORDER granting 78 Motion to Extend Time. Third Amended Petition due by 4/5/2021. Signed by Judge James C. Mahan on 3/24/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
77
ORDER denying 65 Motion to Dismiss; ORDER denying 76 Motion to Extend Time; petitioner will have until up to and including one hundred twenty (120) days from entry of this order within which to file a counseled third amended petition and/or seek other appropriate relief (see order for details). Signed by Judge James C. Mahan on 11/20/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
75
ORDER granting 74 Motion to Extend Time; Re: 65 Motion to Dismiss. Responses due by 10/21/2020. Signed by Judge James C. Mahan on 9/25/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
72
ORDER granting 71 Motion to Extend Time; Re: 65 Motion to Dismiss. Responses due by 8/7/2020. Signed by Judge James C. Mahan on 6/11/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
70
ORDER granting 66 Motion for Appointment of FPD; Re: 65 Motion to Dismiss. Responses due 60 days from entry of this order. Replies due 14 days from service of Responses. Signed by Judge James C. Mahan on 4/10/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
69
ORDER granting 67 Motion to Extend Time; ORDER granting 68 Motion to Extend Time; Petitioner need not respond to respondents' motion to dismiss (ECF No. 65) until further order of the court. Signed by Judge James C. Mahan on 3/12/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
62
ORDER granting 61 Motion to Extend Time; Respondents' answer due 2/19/2020. Signed by Judge James C. Mahan on 1/7/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing
60
ORDER. IT IS ORDERED that 59 respondents' motion for extension of time (second request) is GRANTED. Respondents will have up to and including 12/16/2019, to file a response to the 13 first amended petition. Signed by Judge James C. Mahan on 10/18/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
58
ORDER Granting 57 Motion to Extend Time. Respondents will have up to and including 10/16/19, to file a response to 13 the first amended petition. Signed by Judge James C. Mahan on 8/6/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
55
ORDER granting 54 Motion to Reopen Case; Respondents will have forty-five (45) days from the date of entry of this order to answer or otherwise respond to the amended petition. Signed by Judge James C. Mahan on 6/19/2019.; Case reopened. (Copies have been distributed pursuant to the NEF - JM)
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Filing
48
ORDER granting 33 Motion for District Judge to Reconsider Order; ORDER denying 34 Motion; ORDER denying 44 Motion; Signed by Judge James C. Mahan on 12/29/2017.; Case is stayed until further order of this court. The clerk of court shall administratively close this action until such time as the court grants a motion to reopen the action., Signed by Judge James C. Mahan on 12/29/2017. (Copies have been distributed pursuant to the NEF, cc: USCA - JM)
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Filing
39
ORDER granting 38 Motion to Extend Time re 33 Objections re LR IB 3-1 or Motion for District Judge to Reconsider Order. Responses due by 5/10/2017. Signed by Judge James C. Mahan on 5/4/2017. (Copies have been distributed pursuant to the NEF - JM)
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Filing
31
ORDER denying 25 Motion to Proceed. FURTHER ORDERED that the court will take no further action upon petitioner's 29 and 30 notices of appeal. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge James C. Mahan on 3/20/2017. (Copies have been distributed pursuant to the NEF - JM)
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Filing
24
ORDER. IT IS ORDERED that Petitioner's 9 Motion for Transcripts at State Expense is Denied. IT IS FURTHER ORDERED that Petitioner's 14 Motion for Appointment of Counsel is Denied. IT IS FURTHER ORDERED that the Court will take no furt her action upon Petitioner's 19 Notice of Appeal from the Nevada Supreme Court. IT IS FURTHER ORDERED that Petitioner's 20 Motion for Enlargement of Time to File a Notice of Appeal is Denied. IT IS FURTHER ORDERED that Petitioner 9;s 15 Motion for Judgment in Petitioner's favor is Denied, Petitioner's 15 Motion for Stay and Abeyance is Denied, and Petitioner's 15 Motion for Leave to File an Amended or Supplemental Petition is Granted. IT IS FURTHER ORD ERED that Respondents' 10 Motion to Dismiss is Granted in part. All claims for relief in the 13 amended petition are unexhausted except for the claim in ground 1 that counsel deprived petitioner of a direct appeal. IT IS FURTHER ORDERED th at petitioner shall have thirty (30) days from the date of entry of this order to inform this court in a sworn declaration that she wishes to dismiss the unexhausted claims of her 13 amended petition, and proceed only on the remaining grounds for r elief, or (2) inform this court in a sworn declaration that she wishes to dismiss this action to return to state court to exhaust her state remedies with respect to the unexhausted claims ofher 13 amended petition. Failure to comply will result in the dismissal of this action. IT IS FURTHER ORDERED that if petitioner elects to dismiss the aforementioned grounds of her 13 amended petition and proceed on the remaining claim, respondents shall file and serve an answer, within forty-five (45) da ys after petitioner serves her declaration dismissing those grounds. Petitioner shall have forty-five (45) days from the date on which the answer is served to file and serve a reply. Signed by Judge James C. Mahan on 03/08/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Filing
4
ORDER that 1 Application for Leave to Proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED that the clerk of the court shall file the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. IT IS FURTHER ORDERED that th e clerk of the court shall send petitioner a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 form with instructions. Amended Petition due in 30 days. IT IS FURTHER ORDERED that the clerk shall add Adam Paul Laxalt, Attorney General for the State of Nevada, as counsel for respondents. IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a copy of the petition and this order. Respondents counsel shall enter a notice of appearance within 20 days. IT IS FURTHER ORDERED that 2 Motion to Appoint Counsel is DENIED. Signed by Judge James C. Mahan on 6/1/15. (Copies have been distributed pursuant to the NEF - TR)
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