Sharpe v. Nevin et al
| Phillip Sharpe |
| Attorney General of the State of Nevada and Nevin |
| 2:2016cv01841 |
| August 3, 2016 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Cam Ferenbach |
| James C. Mahan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
28
ORDER that 16 Motion to Dismiss is DENIED without prejudice. FURTHER ORDERED that 22 Motion for Leave to File an Amended Petition and for Stay and Abeyance is GRANTED. This action is STAYED pending exhaustion of petitioner's unexhausted c laims. FURTHER ORDERED that the grant of a stay is conditioned upon petitioner further litigating his state post-conviction petition or other appropriate proceeding in state court and returning to federal court with a motion to reopen within forty-f ive (45) days of issuance of the remittitur by the Supreme Court of Nevada at the conclusion of the state court proceedings. FURTHER ORDERED that 24 Motion for Appointment of Counsel is DENIED without prejudice to petitioner renewing the motion, i f necessary, when these proceedings are reopened. FURTHER ORDERED that the clerk shall administratively close this action, until such time as the court grants a motion to reopen the matter. Signed by Judge James C. Mahan on 1/31/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
12
ORDER denying 11 Ex Parte Motion. Respondents shall file a Response within 60 days of this Order. Petitioner shall have 30 days from service of answer to file reply. Signed by Judge James C. Mahan on 12/19/16. (Copies have been distributed pursuant to the NEF, cc: Respondent with Writ - JM)
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Filing
8
ORDER that the Clerk shall FILE the petition for writ of habeas corpus. The Clerk shall refrain from serving the respondents at this time, pending the amendment of the petition. FURTHER ORDERED that petitioner shall have thirty (30) days from the d ate of the entry of this order on the record within which to file with the court an amended petition which corrects the deficiencies identified in this order. FURTHER ORDERED that the clerk shall SEND petitioner a noncapital Section 2254 habeas p etition form, one copy of the instructions for the form, and a copy of his initial habeas petition. Signed by Judge James C. Mahan on 11/8/16. (Copies have been distributed pursuant to the NEF - MMM) Modified on 11/9/2016 to correct date signed on (DKJ).
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Filing
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ORDER that the order entered on August 11, 2016, (ECF No. 4 ) is VACATED. FURTHER ORDERED that petitioner's application to proceed in forma pauperis (ECF No. 5 ) is DENIED. Petitioner shall have thirty (30) days from the date that this order is entered to have the filing fee of five dollars ($5.00) sent to the clerk of the court. FURTHER ORDERED that the clerk of the court shall send petitioner two copies of this order. Petitioner is ordered to make the necessary arrangements to have one copy of this order attached to the check paying the filing fee. Signed by Judge James C. Mahan on 10/3/16. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
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ORDER. IT THEREFORE IS ORDERED that 1 Application to Proceed in Forma Pauperis is DENIED and that this action shall be DISMISSED without prejudice. IT FURTHER IS ORDERED that a certificate of appealability is DENIED. IT FURTHER IS ORDERED that t he clerk shall send petitioner two copies each of an application form to proceed in forma pauperis 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 th at he submitted in this action. IT IS FURTHER ORDERED that 2 Motion for Appointment of Counsel is DENIED as moot. IT FURTHER IS ORDERED that the clerk of court shall enter judgment accordingly and close this case. Signed by Judge James C. Mahan on 8/11/2016. (Copies have been distributed pursuant to the NEF - TR)
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