Perez-Marquez v. Gentry et al
| Oscar Perez-Marquez |
| Attorney General of the State of Nevada and Gentry |
| 2:2017cv01501 |
| May 25, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Peggy A. Leen |
| 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
122
DISMISSAL ORDER. IT IS THEREFORE ORDERED that the Clerk of the Court is directed to reopen this matter and lift the stay. ORDER granting 120 Motion to Dismiss Proceedings with Prejudice. This matter is dismissed with prejudice. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED, as reasonable jurists would not find the dismissal of the third-amended petition to be debatable or wrong. IT IS FURTHER ORDERED that the Clerk of the Court enter final judgment and reclose this case. Signed by Judge Richard F. Boulware, II on 4/16/2024. (Copies have been distributed pursuant to the NEF - CT)
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Filing
118
ORDER. IT IS ORDERED that 115 petitioner's unopposed motion to stay case and hold in abeyance is GRANTED. IT IS FURTHER ORDERED that 112 Respondents' motion to dismiss is DENIED without prejudice. IT IS FURTHER ORDERED that 116 the motion to stay the briefing on the motion to dismiss is DENIED as moot. Signed by Judge Richard F. Boulware, II on 5/9/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
111
ORDER Granting 110 Motion to Extend Time. Attorney General of the State of Nevada ansand Jo Gentry answer due 4/15/2022. Signed by Judge Richard F. Boulware, II on 2/15/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
109
ORDER granting 108 Motion to Extend Time Re: 106 Amended Petition for Writ of Habeas Corpus. Attorney General of the State of Nevada answer due 2/14/2022; Jo Gentry answer due 2/14/2022. Signed by Judge Richard F. Boulware, II on 12/10/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
105
ORDER. IT IS ORDERED that petitioner file the third amended petition within 14 days of the date of entry of this order. IT FURTHER IS ORDERED that 81 respondents' motion to dismiss is DENIED as moot without prejudice to renewing the motion a s a response to the third amended petition. IT FURTHER IS ORDERED that respondents must file a response to the third amended petition, including potentially by motion to dismiss, within 60 days of entry of this order. Signed by Judge Richard F. Boulware, II on 10/15/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
101
ORDER Granting 100 Stipulation for Extension of Time Re: 81 Motion to Dismiss. Responses or Motion for Leave to file third amended petition due by 10/1/2021. Signed by Judge Richard F. Boulware, II on 7/28/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
99
ORDER Granting 98 Stipulation for Extension of Time. IT IS ORDERED that Petitioner shall either respond to the pending 81 motion to dismiss or file a motion for leave to file a third amended petition with the proposed amended petition attached to the motion by 8/2/2021. Signed by Judge Richard F. Boulware, II on 5/19/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
96
ORDER Granting 94 Motion to Extend Time Re: 81 Motion to Dismiss. Responses due by 6/2/2021. Signed by Judge Richard F. Boulware, II on 2/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
92
ORDER. IT IS ORDERED that petitioner will have 60 days from the date of entry of this order to do one of the following: (1) stand on the current 68 second amended petition and file a response to the 81 motion to dismiss or (2) file a motion for leave to file a third amended petition, with a proposed third amended petition attached to the motion. Signed by Judge Richard F. Boulware, II on 12/2/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
89
ORDER. IT IS ORDERED that 85 the motion to withdraw is GRANTED. IT FURTHER IS ORDERED that 86 the motion to stay proceedings is GRANTED. Signed by Judge Richard F. Boulware, II on 11/19/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
79
ORDER. IT IS ORDERED that 78 Respondents' unopposed Motion for Enlargement of Time (first request) is GRANTED. Respondents will have up to and including 9/25/2020, to file and serve their response to the 68 Second Amended Petition. Signed by Judge Richard F. Boulware, II on 7/29/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
77
ORDER granting 76 Motion for Clarification of 75 Order. Responses due by 7/27/2020. All other previously set deadlines remain in effect. Signed by Judge Richard F. Boulware, II on 7/20/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
75
ORDER. IT IS ORDERED that Respondents shall file a response to the Second Amended Petition, including potentially by Motion to Dismiss, within sixty (60) days of service of the Second Amended petition and that Petitioner may file a reply within th irty (30) days of service of an Answer. IT FURTHER IS ORDERED that any procedural defenses raised by Respondents to the counseled Second Amended Petition shall be raised together in a single consolidated Motion to Dismiss. IT FURTHER IS ORDERED that, in any Answer filed on the merits, Respondents shall 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. See Order for Details. Signed by Judge Richard F. Boulware, II on 5/27/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
67
ORDER. IT IS ORDERED that 66 petitioner's motion for enlargement (third request) is GRANTED. Petition will have up to and including 11/4/2019 to file a second amended petition. Signed by Judge Richard F. Boulware, II on 9/6/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
55
ORDER. IT IS ORDERED that 54 Petitioner's Motion for Enlargement (second request) is GRANTED. Petition will have up to and including 9/5/2019, to file a Second Amended Petition. Signed by Judge Richard F. Boulware, II on 7/23/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
51
ORDER. IT IS ORDERED that 49 petitioner's proper person sealed motion is GRANTED, and Mr. Neidert shall file a notice within fourteen (14) days of entry of this order certifying that he has contacted Mr. Perez-Marquez to discuss the status of the case and to again provide him his contact information, which petitioner asserts was taken from him at the prison following their initial consultation. IT IS FURTHER ORDERED that 50 petitioners motion for enlargement of time is GRANTED, and the time for petitioner to file a second amended petition is extended up to and including 7/22/2019. Signed by Judge Richard F. Boulware, II on 6/21/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
47
ORDER that petitioner will have ninety (90) days from the date of entry of this order to file a second amended petition for a writ of habeas corpus. Signed by Judge Richard F. Boulware, II on 3/7/2019. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
45
ORDER granting 44 Motion to Withdraw as Counsel for Petitioner. Mary Lou Wilson is terminated as counsel of record for petitioner. FURTHER ORDERED that 43 Motion for an Extension of Time is GRANTED. The time for petitioner to file a second ame nded petition is continued without date pending further order of the Court. The Clerk of Court will forward a copy of this order to the CJA Coordinator to secure a replacement panel attorney to represent petitioner. The Clerk is directed to update the docket with Mr. Perez-Marquezs current address. Signed by Judge Richard F. Boulware, II on 2/12/2019. (Copies have been distributed pursuant to the NEF: cc CJA clerk; petitioner - MMM)
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Filing
42
ORDER that petitioner will have sixty (60) days from the date of entry of this order to file a second amended petition. Signed by Judge Richard F. Boulware, II on 9/9/2018. (Copies have been distributed pursuant to the NEF - JM)
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Filing
38
ORDER granting 37 Motion to Extend Time to File Second Amended Petition. Second Amended Petition due by 7/9/2018. Signed by Judge Richard F. Boulware, II on 4/11/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
35
ORDER Granting 30 Motion to Strike. The clerk of the court shall STRIKE petitioner's proper person notice (ECFNo. 29 ). Signed by Judge Richard F. Boulware, II on 3/8/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
33
ORDER Granting 31 Motion to Extend Time. Petitioner will have through February 7, 2018, to undertake direct representation of petitioner or to indicate to the court his inability to represent petitioner in these proceedings. Signed by Judge Richard F. Boulware, II on 1/18/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
24
ORDER that 6 Motion for Appointment of Counsel is GRANTED. The Federal Public Defender is provisionally appointed to represent petitioner. FURTHER ORDERED that the Federal Public Defender shall have thirty (30) days from the date that this orde r is entered to undertake direct representation of petitioner or to indicate to the court its inability to represent petitioner in these proceedings.FURTHER ORDERED that neither the foregoing deadline nor any extension thereof signifies or will s ignify any implied finding of a basis for tolling during the time period established. Petitioner at all times remains responsible for calculating the running of the federal limitation period under 28 U.S.C. § 2244(d)(1) and timely asserting clai ms.FURTHER ORDERED that the clerk shall add Adam Paul Laxalt, Attorney General for the State of Nevada, as counsel for respondents. The clerk shall electronically serve both the Attorney General of the State of Nevada and the Federal Public Defen der a copy of the amended petition (ECF No. 18 ) and a copy of this order. FURTHER ORDERED that respondents' counsel shall enter a notice of appearance within twenty (20) days of entry of this order, but no further response shall be required from respondents until further order of the court. The hard copy of any electronically filed exhibits shall be forwarded -- for this case -- to the staff attorneys in Las Vegas.FURTHER ORDERED that petitioner's motion for evidentiary heari ng (ECF No. 3 ), motion for production of documents (ECF No. 4 ), motion to vacate sentence (ECF No. 5 ), motion for production of documents (ECF No. 7 ), application for certificate of appealability (ECF No. 8 ), motion to amend (ECF No. [9 ]), motion to amend (ECF No. 11 ), motion to amend (ECF No. 12 ), motion for production of documents (ECF No. 14 ), motion for production of documents (ECF No. 15 ), motion for production of documents (ECF No. 16 ), motion for production of documents (ECF No. 17 ), emergency motion (ECF No. 19 ), motion to stay case (ECF No. 20 ), motion to explain stay and abeyance (ECF No. 21 ), and motion to amend (ECF No. 23 ) are DENIED as moot. Signed by Judge Richard F. Boulware, II on 12/18/2017. (Copies have been distributed pursuant to the NEF: cc petitioner - MMM)
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