Choate v. Williams et al
| Stephen Lee Choate |
| Attorney General State of Nevada and Williams |
| 2:2016cv00813 |
| April 11, 2016 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Richard F. Boulware |
| George Foley |
| 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
207
ORDER. IT IS ORDERED that Petitioner Stephen Lee Choate's 196 Motion to Reconsider is DENIED. IT IS FURTHER ORDERED that Petitioner's Motion to Extend 200 , 201 are DENIED as moot. IT IS FURTHER ORDERED that Respondents' 198 Mot ion to Relieve Respondents from Responding to future Pro Se Pleadings is GRANTED. IT IS FURTHER ORDERED that, to the extent required, a certificate of appealability is denied, as jurists of reason would not find the district court's disposition of petitioner's filings to be debatable or incorrect. Signed by Judge Richard F. Boulware, II on 9/13/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Filing
187
ORDER.Choate's motions [ECF Nos. 174 , 178 , 180 , 181 , and 182 ] are DENIED without prejudice pending the outcome of the appeal. As a one-time courtesy, the Clerk of the Court is directed to send Choate a copy of the docket in this action. Signed by Judge Richard F. Boulware, II on 10/24/2022. (Docket Mailed to Choate - Copies have been distributed pursuant to the NEF - KF)
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Filing
171
ORDER granting 143 Motion to Dismiss; Choate's operative amended Petition (ECF No. 97 ) is dismissed with prejudice as untimely and procedurally defaulted. Petitioner Stephen Lee Choate's Motion of Opposition to Dismissal (ECF No. [14 6]), Motion for Evidentiary Hearing (ECF No. 153 ), Petition for Expeditious Judicial Examination (ECF No. 156 ), and Motion for Release of Prisoner (ECF No. 158 ) are DENIED. A certificate of appealability is denied. The Clerk of Court is instructed to enter final judgment accordingly, dismissing this action with prejudice and close this case. Signed by Judge Richard F. Boulware, II on 3/7/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
166
SECOND AMENDED ORDER TO PRODUCE FOR VIDEOCONFERENCE STEPHEN LEE CHOATE, #1138436. Signed by Judge Richard F. Boulware, II on 2/10/2022. (Copies have been distributed pursuant to the NEF - cc: USM - HAM)
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Filing
163
AMENDED ORDER TO PRODUCE FOR VIDEOCONFERENCE STEPHEN LEE CHOATE, #1138436. IT IS HEREBY ORDERED that the Warden of Southern Desert Correctional Center, or his designee, shall arrange for and produce STEPHEN LEE CHOATE, #1138436, on or about Febru ary 17, 2022, at the hour of 9:00 am., for a videoconference motion hearing by zoomgov technology in the instant matter, and arrange for his appearance on said date as ordered and directed by the Court entitled above, until STEPHEN LEE CHOATE, #1138436, is released and discharged by the said Court; and that STEPHEN LEE CHOATE, #1138436, shall thereafter be returned to the custody of the Warden, Southern Desert Correctional Center, Indian Springs, Nevada, under safe and secure conduct. Signed by Judge Richard F. Boulware, II on 2/7/2022. (Copies have been distributed pursuant to the NEF - HAM) Modified date/time on 2/7/2022 (BEL). (Main Document 163 replaced on 2/7/2022) (BEL).
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Filing
161
ORDER TO PRODUCE FOR VIDEOCONFERENCE STEPHEN LEE CHOATE, #1138436. IT IS HEREBY ORDERED that the Warden of Southern Desert Correctional Center, or his designee, shall arrange for and produce STEPHEN LEE CHOATE, #1138436, on or about February 7, 202 2, at the hour of 9:00 am., for a videoconference motion hearing by zoomgov technology in the instant matter, and arrange for his appearance on said date as ordered and directed by the Court entitled above, until STEPHEN LEE CHOATE, #1138436, is rele ased and discharged by the said Court; and that STEPHEN LEE CHOATE, #1138436, shall thereafter be returned to the custody of the Warden, Southern Desert Correctional Center, Indian Springs, Nevada, under safe and secure conduct. Signed by Judge Richard F. Boulware, II on 2/2/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
151
ORDER denying 141 Motion for Reconsideration; ORDER granting 147 Motion to Extend Time. Signed by Judge Richard F. Boulware, II on 6/28/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
140
ORDER. IT IS ORDERED: 1. Respondents' Motion for Enlargement of Time (ECF No. 121 ) and Motion to Clarify Operative Petition (ECF No. 122 ) are GRANTED. 2. The operative petition in this case is Petitioner's Second Amended Petition ( ECF No. 97 ), filed June 27, 2018. 3. Respondents will have 60 days to answer or otherwise respond to the Second Amended Petition (ECF No. 97 ) in this case. 4. All other instructions and deadlines stated in the Court's November 2, 2020 Order (ECF No. 114 ) remain in full effect. Signed by Judge Richard F. Boulware, II on 3/12/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
120
ORDER denying Petitioner Stephen Lee Choate's 115 Petition for Expeditious Judicial Examination; ORDER granting 117 Motion to Extend Time to Respond to 93 Amended Petition for Writ of Habeas Corpus. Attorney General State of Nevada answer due 3/4/2021; Williams answer due 3/4/2021. Signed by Judge Richard F. Boulware, II on 1/22/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
114
ORDER granting 106 Motion to Reopen Case. ORDER denying without prejudice: 107 Motion for Evidentiary Hearing, 108 Motion for Appointment of Counsel, 109 Motion for Certificate of Probable Cause, 110 Motion for Production of Do cuments and 111 Motion for Discovery. The stay is lifted by this order and the Clerk of Court will reopen this action. The Clerk of Court is instructed to update the information for Respondents counsel to Nevada Attorney General Aaron D. Ford and electronically serve the Nevada Attorney General with a copy of the Second Amended Petition (ECF No. 93 ) and this order. Respondents will have 60 days to answer or otherwise respond to the Second Amended Petition (ECF No. 93 ) in t his case. Choate will have 60 days following service of the answer to file and serve a reply brief. However, if a dispositive motion is filed, the parties will brief the motion in accordance with Rules 7-2 and 7-3 of the Local Rules of Practice. See Order for details. Signed by Judge Richard F. Boulware, II on 11/2/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
101
ORDER. IT IS ORDERED that 100 the emergency motion for reconsideration of the dismissal order is DENIED AS MOOT. As to 99 petitioner's motion for reconsideration on the appointment of counsel, that motion is also DENIED. Signed by Judge Richard F. Boulware, II on 7/10/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
98
ORDER that the Court's 95 Order and 96 Judgment are VACATED. This action is stayed pending exhaustion of the unexhausted claims in petitioner's amended petition. The Clerk shall administratively close this action until such time as the Court grants a motion to reopen the matter. Signed by Judge Richard F. Boulware, II on 6/29/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
95
ORDER dismissing action without prejudice. Certificate of Appealability is denied. Signed by Judge Richard F. Boulware, II on 6/26/2018. (Copies have been distributed pursuant to the NEF - JM)
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Filing
92
ORDER. IT IS HEREBY ORDERED that petitioner shall file a second amended petition in accordance with this and the prior orders of the Court within twenty days of the date of this order. Signed by Judge Richard F. Boulware, II on 6/13/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
82
ORDER. IT IS ORDERED that 57 petitioner's motion for reconsideration and 60 motion for leave to file a lengthy petition are both DENIED. IT IS FURTHER ORDERED that 58 petitioner's motion for an extension of time to file a motion to reconsider is DENIED AS MOOT. IT IS FURTHER ORDERED that, to the extent 61 petitioner's Motion for Appellant Opening Brief ( is intended to be an amended petition, it is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that petitioner sh all file an amended protective petition within thirty days of the date of this order. IT IS FURTHER ORDERED that 59 , 61 , 62 , 63 , 69 , 70 , 74 , 77 , 80 all other pending motions and requests are DENIED WITHOUT PREJUDICE. Signed by Judge Richard F. Boulware, II on 2/1/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
56
ORDER. IT IS ORDERED that 40 petitioner's application to proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED that 11 , 12 , 14 , 37 , 46 , 47 , 48 , 49 , 52 , 55 petitioner's motions are DENIED WITHOUT PREJUDI CE to seeking such relief in future motions. IT IS FURTHER ORDERED that the Clerk of Court shall send petitioner one copy of the approved form for filing a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, and one c opy of instructions for the same. IT IS FURTHER ORDERED that, within forty-five (45) days from the date of the entry of this order, petitioner SHALL FILE an amended habeas petition in this case, 2:16-cv-00813-RFB-GWF. IT IS FURTHER ORDERED that petitioner shall file all future pleadings and motions in the instant case, 2:16-cv-00813-RFB-GWF. Petitioner shall file no further pleadings or motions in 2:16-cv-01093-RFB-CWH. Signed by Judge Richard F. Boulware, II on 3/29/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
35
ORDER TO PRODUCE Stephen Lee Choate, #1138436. Signed by Judge Richard F. Boulware, II on 1/18/17. (Copies have been distributed pursuant to the NEF - cc: USM - ADR)
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Filing
7
ORDER. IT IS THEREFORE ORDERED that the application to proceed in forma pauperis 1 is DENIED and that this action is DISMISSED WITHOUT PREJUDICE to the filing of a new petition in a new action with a properly completed pauper application with all new and complete financial attachments.IT IS FURTHER ORDERED that all pending motions are DENIED without prejudice.IT IS FURTHER ORDERED that the Clerk of Court shall send petitioner two copies each of an application form to proceed in forma pa uperis for incarcerated persons and a noncapital Section 2254 habeas petition form, one copy of the instructions for each form, and a copy of the papers that he submitted in this action.IT IS FURTHER ORDERED that petitioner may file a new petition and in forma pauperis application in a new action, but he may not file further documents in this action.IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.IT IS FURTHER ORDERED that a certificate of appealabilit y is DENIED. Reasonable jurists would not find the dismissal of the improperly-commenced action without prejudice to be debatable or wrong. Signed by Judge Richard F. Boulware, II on 4/16/16. (Copies have been distributed pursuant to the NEF - PS)
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