McNeal v. Williams et al
| Marcus Sharif McNeal |
| Attorney General of the State of Nevada and Brian E Williams |
| 2:2016cv01618 |
| July 8, 2016 |
| U.S. District Court for the District of Nevada |
| Las Vegas Office |
| Jennifer A. Dorsey |
| 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
120
ORDER. IT IS THEREFORE ORDERED that McNeal's fifth amended petition for writ of habeas corpus [ECF No. 66 ] is DENIED. I deny grounds I(A), I(C), I(D), II, VI, and VII, and dismiss with prejudice grounds I(B), I(E), IV, and V of the petition . I GRANT a certificate of appealability for grounds I(A), I(C), II, IV(B), and VII. The Clerk of Court is directed to: SUBSTITUTE Ronald Oliver for respondent Brian Williams, and ENTER JUDGMENT accordingly and CLOSE THIS CASE. Ronald Oliver added. Brian E Williams terminated. Signed by Judge Jennifer A. Dorsey on 1/3/2024. (Copies have been distributed pursuant to the NEF - RGDG)
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Filing
118
ORDER. IT IS THEREFORE ORDERED that respondents have until October 31, 2023, to file redacted copies of the exhibits identified in footnote 1 of this Order in compliance with LR IC 6-1(a)(1), (3), and (5). IT IS FURTHER ORDERED that the Clerk of Court is directed to SEAL the exhibits identified in footnote 1 of this order. Signed by Judge Jennifer A. Dorsey on 10/18/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing
115
ORDER. IT IS ORDERED that respondents' unopposed 112 third and 113 motions for extension of time are GRANTED nunc pro tunc, making their answer filed on July 31, 2023, timely. Signed by Judge Jennifer A. Dorsey on 8/9/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Filing
111
ORDER granting ECF No. 110 Motion to Extend Time. Respondents have until July 24, 2023 to answer McNeal's fifth amended petition (ECF No. 66 ). Signed by Judge Jennifer A. Dorsey on 6/30/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
109
ORDER Granting 108 Motion to Extend Time. Attorney General of the State of Nevada and Brian E Williams answer due 6/22/2023. Signed by Judge Jennifer A. Dorsey on 5/10/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
107
ORDER granting 105 Motion to Lift Stay of Case. The respondents must file an answer addressing the remaining claims of the fifth amended petition for writ of habeas corpus by May 6, 2023. McNeal will have 60 days from the date of service of the answer to file a reply. Signed by Judge Jennifer A. Dorsey on 4/6/2023. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
98
ORDER. IT IS ORDERED that: 1. Petitioner Marcus Sharif McNeal's Motion to Dismiss Counsel (ECF No. 91 ) and Motion re False Claim (ECF No. 96 ) are DENIED. 2. McNeal's Counsels Motion to Allow Counsel to Dismiss Ground Three (ECF No. [9 4]) is GRANTED. Ground Three of McNeal's fifth amended petition for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE as unexhausted. 3. The respondents must file an answer addressing the remaining claims of the fifth amended petition for writ of habeas corpus by October 5, 2022. 4. McNeal will have 60 days from the date of service of the answer to file a reply. Signed by Judge Jennifer A. Dorsey on 8/5/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
90
ORDER denying 85 Motion to Dismiss Counsel; ORDER denying 86 Motion to Refile Amended Petition; ORDER denying 89 Motion to Strike. Signed by Judge Jennifer A. Dorsey on 1/14/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
88
ORDER Granting 87 Motion to Extend Time and Denying as Moot 84 Motion to Extend Time. The Court will will provide a new deadline for McNeals declaration regarding how he intends to proceed on Ground III upon issuance of a ruling on McNeal's motion to proceed pro se. Signed by Judge Jennifer A. Dorsey on 11/23/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
79
ORDER granting 78 Motion to Extend Time to Reply Re: 75 Motion to Dismiss. Replies due by 3/12/2021. Signed by Judge Jennifer A. Dorsey on 3/9/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
73
ORDER granting 72 Motion to Extend Time to Respond to 66 Amended Petition for Writ of Habeas Corpus. Attorney General of the State of Nevada answer due 2/11/2021; Brian E Williams answer due 2/11/2021. Signed by Judge Jennifer A. Dorsey on 1/12/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
71
ORDER granting 70 Motion to Extend Time to respond to 66 Amended Petition for Writ of Habeas Corpus. Respondents have until 1/11/2021 to file an answer or otherwise respond to the amended petition for writ of habeas corpus. Signed by Judge Jennifer A. Dorsey on 12/14/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
69
ORDER granting 68 Motion to Extend Time to answer or otherwise respond to the 66 Amended Petition for Writ of Habeas Corpus. Respondents have until December 11, 2020, to answer or otherwise respond to the amended petition for writ of habeas corpus in this case. Signed by Judge Jennifer A. Dorsey on 10/29/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
64
ORDER Granting 63 Motion to Extend Time. Petitioner has until 8/31/20, to file an amended petition Signed by Judge Jennifer A. Dorsey on 6/4/2020. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
62
ORDER Appointing Counsel and Setting Deadlines. IT IS ORDERED that the Federal Public Defender, through Kimberly Sandberg, Esq., is appointed as counsel for McNeal under 18 U.S.C. § 3006A(a)(2)(B). Amended Petition due by 6/1/2020. See Order further specifications. Signed by Judge Jennifer A. Dorsey on 3/2/2020. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
60
ORDER. IT IS ORDERED that 55 Petitioner Marcus Sharif McNeal's Motion for Appointment of Counsel is GRANTED. IT IS FURTHER ORDERED that 56 , 57 McNeal's Motions to Amend are GRANTED. The Federal Public Defender is provisionally appointed as counsel and will have 30 days to undertake direct representation of McNeal. See Order for further specifications. Signed by Judge Jennifer A. Dorsey on 1/7/2020. (Copies have been distributed pursuant to the NEF - cc: Petitioner, Nevada Attorney General, FPD, CJA Coordinator - ADR)
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Filing
58
ORDER of USCA, Ninth Circuit, as to 10 Notice of Appeal. VACATED AND REMANDED (Case: 2:19-cv-00151-RFB-GWF). (Copies have been distributed pursuant to the NEF - JQC)
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Filing
47
ORDER. IT IS HEREBY ORDERED that 39 , 44 McNeal's motion for leave to amend and/or supplement his petition is DENIED. Respondents have until 3/12/19, to file an answer to the remaining claims in the petition. McNeal will have 30 days from service of the answer to file any reply. Signed by Judge Jennifer A. Dorsey on 1/11/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
45
ORDER. IT IS ORDERED that McNeal's request to make an untimely election is GRANTED, and his request to dismiss the unexhausted claims from this action is also GRANTED. IT IS FURTHER ORDERED that 39 McNeal's motion to amend is construe d as a motion to supplement, and respondents have until 12/21/18, to respond in a single document to 39 , 44 McNeal's requests to supplement his petition. Signed by Judge Jennifer A. Dorsey on 12/2/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
43
ORDER. IT IS HEREBY ORDERED that respondents have until 12/19/18, to file any supplement to their response to 39 the motion to amend in light of the proposed amended petition. If respondents file a timely supplement, McNeal will have 30 days from the filing of that supplement to file a supplemental reply. Signed by Judge Jennifer A. Dorsey on 11/19/2018. (Copies have been distributed pursuant to the NEF - Encl. to P: ECF No. 38 - ADR)
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Filing
38
ORDER. IT IS ORDERED that 37 respondents' motion to strike is GRANTED. The Clerk of Court is directed to STRIKE 36 McNeal's unauthorized surreply from the docket. IT IS FURTHER ORDERED that McNeal's requests for an evidentiary h earing and for a stay and abeyance are DENIED. IT IS FURTHER ORDERED that 21 respondents' motion to dismiss is GRANTED in part and DENIED in part. Motion deadline: 9/27/18. Signed by Judge Jennifer A. Dorsey on 8/27/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
34
ORDER. IT IS HEREBY ORDERED that 28 petitioner's motion for a Rhines stay and abeyance is DENIED. The Clerk of Court is directed to CORRECT 33 the docket to reflect that which has been docketed as a reply to the motion to stay, is in fact a response to 21 the respondents' motion to dismiss. IT IS FURTHER ORDERED that respondents have until 4/13/18 to file any reply to 33 the petitioner's response to their motion to dismiss. Signed by Judge Jennifer A. Dorsey on 3/30/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
29
ORDER. IT IS HEREBY ORDERED that 18 McNeal's motion for appointment ofcounsel is DENIED, and 27 his motion for a time extension is GRANTED. IT IS FURTHER ORDERED that 25 respondent's motion for leave to file an exhibit under seal is GRANTED. Signed by Judge Jennifer A. Dorsey on 2/5/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
17
ORDER. IT IS HEREBY ORDERED that 8 McNeal's motion for reconsideration is DENIED as moot. IT IS FURTHER ORDERED that 16 McNeal's motion to withdraw his motion for production is GRANTED, and 14 McNeal's motion for production is therefore WITHDRAWN. The Clerk of Court is directed to SEND to McNeal a copy of 6 his petition in this case and a copy of his petition in case 2:17-cv-2589-RFB-CWH 1 -1. IT IS FURTHER ORDERED that McNeal has leave to amend his petition in THIS ACTION. McNeal has until 12/13/17, to file an amended petition. Signed by Judge Jennifer A. Dorsey on 11/13/2017. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
11
ORDER granting 10 motion to extend time to respond to 6 petition for writ of habeas corpus. Response deadline is extended to 30 days after the court enter an order resolving the motion to reconsider 8 . Signed by Judge Jennifer A. Dorsey on 4/18/2017. (Copies have been distributed pursuant to the NEF - DC)
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Filing
5
ORDER. IT IS HEREBY ORDERED that 1 McNeal's application to proceed in formapauperis is GRANTED. IT IS FURTHER ORDERED that 2 McNeal's motion for appointment of counsel and 4 motion for stay are DENIED. IT IS FURTHER ORDERED that the Clerk of Court is directed to FILE and electronically SERVE the petition on respondents. IT IS FURTHER ORDERED that respondents must respond to the petition by 4/11/17. Signed by Judge Jennifer A. Dorsey on 3/1/17. (Copies have been distributed pursuant to the NEF - ADR)
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