Edmisten v. Neven et al
Petitioner: Justin James Edmisten
Respondent: Attorney General of the State of Nevada and Dwight Neven
Case Number: 2:2015cv00952
Filed: May 20, 2015
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Nancy J. Koppe
Presiding Judge: Richard F. Boulware
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
December 18, 2023 Opinion or Order Filing 92 ORDER. IT IS THEREFORE ORDERED that the amended petition (ECF No. 41 ) is DENIED in its entirety. IT IS FURTHER ORDERED that a Certificate of Appealability is denied as to all grounds. Reasonable jurists would not find the Courts rejection of Grounds 1 and 3 debatable or wrong. Reasonable jurists would not find it debatable whether this Court was correct in its procedural ruling dismissing the speedy trial component of Ground 2 and that the remaining portion of Ground 2 was unexhausted, f or the reasons stated in ECF No 61 . IT IS FURTHER ORDERED the Clerk of Court is directed to substitute William Gittere for Respondent Dwight Neven. IT IS FURTHER ORDERED that the Clerk shall enter judgment and close this case. Signed by Judge Richard F. Boulware, II on 12/18/2023. (Copies have been distributed pursuant to the NEF - RGDG)
March 29, 2022 Opinion or Order Filing 88 ORDER. IT THEREFORE IS ORDERED that the clerk of the court STRIKE the proper-person motion (ECF No. 87 ). Signed by Judge Richard F. Boulware, II on 3/29/2022. (Copies have been distributed pursuant to the NEF - YAW)
October 12, 2020 Opinion or Order Filing 81 ORDER granting 80 Motion to Extend Time; Re: 73 Answer to Amended Habeas Petition. Replies due by 10/16/2020. Signed by Judge Richard F. Boulware, II on 10/12/2020. (Copies have been distributed pursuant to the NEF - JM)
August 27, 2020 Opinion or Order Filing 79 ORDER granting 78 Motion to Extend Time to File a Reply to the 73 Answer to 41 Amended Petition for Writ of Habeas Corpus. Replies due by 10/9/2020. Signed by Judge Richard F. Boulware, II on 8/27/2020. (Copies have been distributed pursuant to the NEF - DRS)
April 28, 2020 Opinion or Order Filing 75 ORDER granting 74 Motion to Extend Time; Re: 73 Answer to Amended Habeas Petition, 41 Amended Petition for Writ of Habeas Corpus. Replies due by 6/26/2020. Signed by Judge Richard F. Boulware, II on 4/28/2020. (Copies have been distributed pursuant to the NEF - JM)
March 5, 2020 Opinion or Order Filing 72 ORDER granting 71 Motion to Extend Time; Respondents' answer due 3/11/2020. Signed by Judge Richard F. Boulware, II on 3/5/2020. (Copies have been distributed pursuant to the NEF - JM)
February 4, 2020 Opinion or Order Filing 70 ORDER granting 69 Motion to Extend Time; Respondents' answer due 3/4/2020. Signed by Judge Richard F. Boulware, II on 2/4/2020. (Copies have been distributed pursuant to the NEF - JM)
January 6, 2020 Opinion or Order Filing 68 ORDER granting 67 Motion to Extend Time; Attorney General of the State of Nevada answer due 2/3/2020. Signed by Judge Richard F. Boulware, II on 1/6/2020. (Copies have been distributed pursuant to the NEF - JM)
November 18, 2019 Opinion or Order Filing 66 ORDER granting 62 Motion to Dismiss; Respondents will have forty-five (45) days from the date of entry of this Order to file and serve an Answer. Petitioner will have forty-five (45) days from the date on which the Answer is served to file a Reply. Signed by Judge Richard F. Boulware, II on 11/18/2019. (Copies have been distributed pursuant to the NEF - JM)
November 5, 2019 Opinion or Order Filing 64 ORDER granting 63 Motion to Extend Time; Petitioner will have up to and including November 14, 2019 to file a sworn declaration in support of the Motion for Dismissal. Signed by Judge Richard F. Boulware, II on 11/5/2019. (Copies have been distributed pursuant to the NEF - JM)
September 25, 2019 Opinion or Order Filing 61 ORDER granting in part 48 Motion to Dismiss (see order for details); Petitioner shall have thirty (30) days from the date of entry of this order to file a motion for dismissal without prejudice. Signed by Judge Richard F. Boulware, II on 9/25/2019. (Copies have been distributed pursuant to the NEF - JM)
May 2, 2019 Opinion or Order Filing 59 ORDER granting 58 Motion to Extend Time; Re: 48 Motion to Dismiss. Replies due by 6/20/2019. Signed by Judge Richard F. Boulware, II on 5/2/2019. (Copies have been distributed pursuant to the NEF - JM)
April 19, 2019 Opinion or Order Filing 56 ORDER granting 55 Motion to Extend Time; Re: 48 Motion to Dismiss. Responses due by 4/25/2019. Signed by Judge Richard F. Boulware, II on 4/19/2019. (Copies have been distributed pursuant to the NEF - JM)
February 27, 2019 Opinion or Order Filing 54 ORDER granting 53 Motion to Extend Time; Re: 48 Motion to Dismiss. Responses due by 4/18/2019. Signed by Judge Richard F. Boulware, II on 2/27/2019. (Copies have been distributed pursuant to the NEF - JM)
January 18, 2019 Opinion or Order Filing 51 ORDER granting 50 Motion to Extend Time; Re: 48 Motion to Dismiss. Responses due by 3/4/2019. Signed by Judge Richard F. Boulware, II on 1/18/2019. (Copies have been distributed pursuant to the NEF - JM)
December 20, 2018 Opinion or Order Filing 47 ORDER granting 45 Motion to Extend/Shorten Time. Respondents' answer due 1/4/2019. Signed by Judge Richard F. Boulware, II on 12/20/2018. (Copies have been distributed pursuant to the NEF - JM)
October 22, 2018 Opinion or Order Filing 44 ORDER Granting 43 Motion to Extend Time Re: 41 Amended Petition for Writ of Habeas Corpus. Respondents answer due 12/18/2018. Signed by Judge Richard F. Boulware, II on 10/22/2018. (Copies have been distributed pursuant to the NEF - ADR)
August 29, 2018 Opinion or Order Filing 40 ORDER granting 39 Motion to Extend Time; Amended Petition due by 9/4/2018. Signed by Judge Richard F. Boulware, II on 8/29/2018. (Copies have been distributed pursuant to the NEF - JM)
July 12, 2018 Opinion or Order Filing 38 ORDER granting 37 Motion to Extend Time; Amended Petition due by 8/27/2018. Signed by Judge Richard F. Boulware, II on 7/12/2018. (Copies have been distributed pursuant to the NEF - JM)
June 4, 2018 Opinion or Order Filing 35 ORDER granting 34 Motion to Extend Time; Amended Petition due by 7/13/2018. Signed by Judge Richard F. Boulware, II on 6/4/2018. (Copies have been distributed pursuant to the NEF - JM)
March 29, 2018 Opinion or Order Filing 33 ORDER granting 26 Motion to Vacate 17 Order; Respondents' motion to dismiss is denied as moot; Amended Petition due 60 days from entry of this order. Signed by Judge Richard F. Boulware, II on 3/29/2018. (Copies have been distributed pursuant to the NEF - JM)
May 25, 2017 Opinion or Order Filing 25 ORDER. IT IS ORDERED that 22 , 24 petitioner's amended unopposed motions for extensions of time are GRANTED. Petitioner will have through 7/26/17, to comply with the court's instructions in its 17 order of 3/21/17. Signed by Judge Richard F. Boulware, II on 5/25/17. (Copies have been distributed pursuant to the NEF - ADR)
March 21, 2017 Opinion or Order Filing 17 ORDER granting in part with respect to ground 1 14 Motion to Dismiss. FURTHER ORDERED that petitioner shall have 45 days from date of this order to inform the court re dismissal or move to stay action (See Order for Details). FURTHER ORDER ED that the court reconsiders 3 order denying appointment of counsel. Counsel shall be appointed for petitioner. Petitioner shall have 45 days from date of this order to file an amended petition or motion to file. Signed by Judge Richard F. Boulware, II on 3/21/2017. (Copies have been distributed pursuant to the NEF, cc: FPD - JM)
July 20, 2015 Opinion or Order Filing 3 ORDER Granting 1 Application for Leave to Proceed in forma pauperis. It Is Further Ordered that 2 Motion to Appoint Counsel is Denied at this Time. IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a copy of the petition and this order. In addition, the clerk shall return to petitioner a copy of the petition. Signed by Judge Richard F. Boulware, II on 7/20/2015. (Copies have been distributed pursuant to the NEF - DC)
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Respondent: Attorney General of the State of Nevada
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Respondent: Dwight Neven
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Petitioner: Justin James Edmisten
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