Schachter v. Gentry et al
| Marc Paul Schachter |
| Attorney General of the State of Nevada and Jo Gentry |
| 2:2017cv01766 |
| June 26, 2017 |
| US 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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The following documents for this case are available for you to view or download:
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Filing
27
ORDER. IT IS ORDERED that 5 the petition is DENIED, and because reasonable jurists would not find my decision to deny this petition to be debatable or wrong, a certificate of appealability is DENIED. Signed by Judge Jennifer A. Dorsey on 8/4/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
20
ORDER that respondents have 45 days to file and serve an answer to the remaining claims of the petition (ECF No. 5 ). The answer must comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner will then have 45 days from the date on which the answer is served to file a reply. Signed by Judge Jennifer A. Dorsey on 12/3/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
18
ORDER that 12 Respondents' Motion to Dismiss is GRANTED IN PART and DENIED IN PART, and I hold that the following claims are unexhausted: (a) Ground 2 to the extent that Schachter bases the claim on a failure to preserve any evidence other t han the backpack; (b) Ground 3 to the extent that Schachter alleges that the state supreme court's statement unfairly shifted the burden of proof to the defendant and that a valid conviction could not be obtained because there was no way to dete rmine whether the jury's verdict was based solely on the backpack rather than the other items; and (c) Ground 4 in its entirety.FURTHER ORDERED that Schachter has until October 19, 2018, to dispatch to the Clerk a filing that elects one of th e three options outlined on page 8 of this order. If Schachter fails to make an election by this deadline, this action will be dismissed in its entirety without prejudice. Respondents may file a response to any motion filed by Schachter in response t o this order, including a motion to stay, within the time provided by the local rules. No further response to the petition is required at this time. Signed by Judge Jennifer A. Dorsey on 9/19/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
11
ORDER Granting 10 Motion to Extend Time to Respond re: 5 Petition for Writ of Habeas Corpus. Attorney General of the State of Nevada answer due 2/22/2018; Jo Gentry answer due 2/22/2018. Signed by Judge Jennifer A. Dorsey on 1/22/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
8
ORDER Granting 7 Motion to Extend Time to Answer/Respond re 5 Petition for Writ of Habeas Corpus. Respondents have until January 18, 2018, to answer the petition. Signed by Judge Jennifer A. Dorsey on 12/8/2017. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
4
ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is GRANTED. The Clerk shall file the petition, add Adam Paul Laxalt as counsel for respondents, serve a copy of the petition and this order upon respondents, and send a copy of the petition to the petitioner. FURTHER ORDERED that respondents will have 45 days from the date on which the petition was served to answer or otherwise respond to the petition. FURTHER ORDERED that the hard copy of any electronically filed exhibits must be forwarded -- for this case -- to the staff attorneys in Las Vegas. Signed by Judge Jennifer A. Dorsey on 10/18/17. (Copies have been distributed pursuant to the NEF - MMM)
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