McClain v. Williams et al
| Clifford McClain |
| Attorney General State of Nevada and Brian Williams |
| 2:2017cv00753 |
| March 14, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Nancy J. Koppe |
| Richard F. Boulware |
| 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
87
ORDER Granting 86 Motion to Extend Time (Fifth Request) in which to file Reply to Respondents 77 Answer to Amended Habeas Petition. Replies due by 8/22/2022. Signed by Judge Richard F. Boulware, II on 8/18/2022. (Copies have been distributed pursuant to the NEF - TRW)
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Filing
85
ORDER granting 84 Motion to Extend Time Re: 77 Answer to Amended Habeas Petition, Replies due by 8/17/2022. Signed by Judge Richard F. Boulware, II on 7/19/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
83
ORDER Granting 82 Motion to Extend Time to File Reply to 22 Answer. Replies due by 7/18/2022. Signed by Judge Richard F. Boulware, II on 6/7/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing
79
ORDER granting 78 Motion to Extend Time Re: 77 Answer to Amended Habeas Petition, Replies due by 4/4/2022. Signed by Judge Richard F. Boulware, II on 2/3/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
67
ORDER granting 65 Motion to Extend Time Re: 58 Motion to Dismiss, Responses due by 7/23/2021. Signed by Judge Richard F. Boulware, II on 7/23/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
64
ORDER granting 63 Motion to Extend Time Re: 58 Motion to Dismiss, Responses due by 7/21/2021. Signed by Judge Richard F. Boulware, II on 7/8/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
60
ORDER granting 59 Motion to Extend Time to Respond to 58 Motion to Dismiss. Responses due by 5/21/2021. Signed by Judge Richard F. Boulware, II on 4/6/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
57
ORDER granting 56 Motion to Extend Time to File Answer (Second Request) to 48 Amended Petition for Writ of Habeas Corpus. Attorney General State of Nevada answer due 2/3/2021; Brian Williams answer due 2/3/2021. Signed by Judge Richard F. Boulware, II on 1/4/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
53
ORDER. IT IS HEREBY ORDERED that Respondents file a response to the third amended petition, including potentially by motion to dismiss, within 90 days of the date of this order, with any requests for relief by Petitioner by motion otherwise being s ubject to the normal briefing schedule under the local rules. Any response filed shall comply with the remaining provisions below, which are entered pursuant to Habeas Rule 5. IT IS FURTHER ORDERED that any procedural defenses raised by Responden ts in this case be raised together in a single consolidated motion to dismiss. See Order for details. IT IS FURTHER ORDERED that, in any answer filed on the merits, Respondents specifically cite to and address the applicable state court written decision and state court record materials, if any, regarding each claim within the response as to that claim. IT IS FURTHER ORDERED that Petitioner has 45 days from service of the answer, motion to dismiss, or other response to file a reply or o pposition, with any other requests for relief by Respondents by motion otherwise being subject to the normal briefing schedule under the local rules. IT IS FURTHER ORDERED that any additional state court record exhibits filed herein by either Pet itioner or Respondents be filed with a separate index of exhibits identifying the exhibits by number. The CM/ECF attachments that are filed further are to be identified by the number of the exhibit in the attachment. IT IS FURTHER ORDERED that t he parties SEND courtesy copies of all exhibits in this case to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, directed to the attention of Staff Attorney on the outside of the mailing address label. Additionally, in the future, all parties must provide courtesy copies of any additional exhibits submitted to the court in this case, in the manner described above. Signed by Judge Richard F. Boulware, II on 8/3/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
45
ORDER - Petitioner's first, second, and third Motions for Extension of Time (ECF Nos. 41 , 42 , 43 ) are GRANTED nunc pro tunc.Petitioner's fourth Motion for Extension of Time (ECF No. 44 ) is GRANTED. Petitioner shall file his Third Amended Petition or Motion to Stay on or before June 5, 2020. Signed by Judge Richard F. Boulware, II on 4/7/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
39
ORDER granting in part 30 Motion to Dismiss (see order for details); ORDER granting 33 Motion to Extend Time; ORDER granting 37 Motion to Strike; reconsidered and granting 6 Motion to Appoint Counsel. The Federal Public Defender shall have thirty (30) days from the date that this order is entered to undertake direct representation. Signed by Judge Richard F. Boulware, II on 7/9/2019 nunc pro tunc. (Copies have been distributed pursuant to the NEF - JM)
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Filing
32
ORDER. IT IS ORDERED that 31 petitioner's motion for extension of time to respond to 30 respondents' motion to dismiss is GRANTED. Petitioner shall file his response within 60 days of the date of this order. Signed by Judge Richard F. Boulware, II on 10/15/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
27
ORDER granting Petitioner's Motion for Leave to File a Second-Amended Petition (ECF No. 23). The Clerk shall DETACH AND FILE the second-amended petition (ECF No. 23-1). ORDER denying without prejudice, as set fourth in this order, Petitioner&# 039;s 11 Motion to Dismiss. IT IS FURTHER ORDERED that respondents shall file a response to the second-amended petition, including potentially by motion to dismiss, within ninety (90) days of the date of this order, with any requests for relie f by petitioner by motion otherwise being subject to the normal briefing schedule under the local rules. Any response filed shall comply with the remaining provisions below, which are entered pursuant to Habeas Rule 5. IT IS FURTHER ORDERED tha t petitioner shall have forty-five (45) days from service of the answer, motion to dismiss, or other response to file a reply or opposition, with any other requests for relief by respondents by motion otherwise being subject to the normal briefing schedule under the local rules. Signed by Judge Richard F. Boulware, II on 6/22/2018. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
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Filing
21
ORDER Granting 20 Motion to Extend Time. Re: 11 Motion to Dismiss. Petitioner shall file his response within sixty (60) days of the date of this order. Signed by Judge Richard F. Boulware, II on 4/23/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
19
ORDER Granting 18 Motion to Extend Time Re: 11 Motion to Dismiss. Petitioner shall file his response within sixty (60) days of the date of this order. Signed by Judge Richard F. Boulware, II on 2/20/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
7
ORDER. IT IS ORDERED that the Clerk shall DETACH, FILE and ELECTRONICALLY SERVE 1 -1 the petition upon the respondents. IT IS FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Nevada Attorney General, as counsel for respondents. IT I S FURTHER ORDERED that petitioner shall have sixty (60) days from the date of entry of this order to show cause and file such proof he may have to demonstrate that the petition for writ of habeas corpus was timely filed within the one-year time limitation or that he is entitled to equitable tolling of the time period. Signed by Judge Richard F. Boulware, II on 10/18/17. (Copies have been distributed pursuant to the NEF - ADR)
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