Harsh v. Gentry et al
| Thomas Harsh |
| Attorney General of the State of Nevada and Jo Gentry |
| 2:2017cv02069 |
| July 28, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Miranda M. Du |
| Nancy J. Koppe |
| 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
76
AMENDED ORDER - The petition for a writ of habeas corpus (ECF No. 22 ) is denied. It is further ordered that a certificate of appealability is denied. The Clerk of Court is directed to enter judgment according to this amended order. Signed by Chief Judge Miranda M. Du on 9/23/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
70
ORDERED that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 22 ) is granted as to Ground 3. Harsh will be released from parole within 60 days unless the Respondents file in this action, within that 60- day period, a written notice of election to retry Harsh, and the State thereafter, within 180 days after the filing of that notice, commences proceedings toward the retrial. Any party may request a reasonable modification of the time limits set for th in this paragraph. The judgment in this action will be stayed pending the conclusion of any appellate or certiorari review in the Ninth Circuit Court of Appeals or the United States Supreme Court, or the expiration of the time for seeking s uch appellate or certiorari review, whichever occurs later. A certificate of appealability is denied as to Harshs remaining grounds. The Clerk of Court is directed to enter judgment accordingly. Signed by Chief Judge Miranda M. Du on 7/29/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
65
ORDER granting ECF No. 64 Motion to Extend Time re ECF No. 62 Answer to ECF No. 22 Second Amended Petition. Petitioner's reply due by 2/25/2020. Signed by Chief Judge Miranda M. Du on 12/31/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
59
ORDER granting ECF No. 58 Motion to Extend Time re ECF No. 22 Amended Petition. Respondents' answer due by 11/27/2019. Signed by Chief Judge Miranda M. Du on 11/25/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
56
ORDER granting in part and denying in part ECF No. 55 Motion to Extend Time : Answer to the surviving claims of the Second Amended Petition (ECF No. 22) due by 11/25/2019. Further extensions of time are not likely to be granted abs ent compelling circumstances and a strong showing of good cause why the briefing could not be completed within the extended time allowed despite the exercise of due diligence. Signed by Chief Judge Miranda M. Du on 10/3/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
52
ORDER granting ECF No. 50 Motion to Extend Time : Respondents will have until October 2, 2019, to file their answer to the remaining claims of the petition (ECF No. 16 ). (Copies have been distributed pursuant to the NEF - DRM)
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Filing
49
ORDER granting ECF No. 48 Respondents' unopposed motion for extension of time to file their answer to the remaining claims of the petition (ECF No. 22 ). Answer/Response due by 8/2/2019. Signed by Judge Miranda M. Du on 6/4/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
47
ORDER granting ECF No. 46 Motion for partial dismissal of only Ground 2; Ground 2 is hereby dismissed; Respondents to file an answer to surviving claims of petition by 6/3/2019; Petitioner will have 30 days from service of the answer to file a reply. Signed by Judge Miranda M. Du on 4/4/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
44
ORDER that Respondents' motion to dismiss (ECF No. 31 ) is granted in part and denied in part as follows: 1. Grounds 4, 5 and 6-2 are exhausted in their entirety; 2. Grounds 2 is unexhausted; 3. Grounds 6-3 and 6-8 throug h 6-12 are technically exhausted, but procedurally defaulted. Petitioner must file a motion as outlined in order by 3/28/2019. Failure to timely comply with this order will result in the dismissal of this mixed petition without further advanced notice. Signed by Judge Miranda M. Du on 2/26/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
42
ORDER granting ECF No. 41 Respondents' Third Motion for Enlargement of Time to file Reply to ECF No. 35 Response to ECF No. 31 Motion to Dismiss. Reply due by 10/31/2018. Signed by Judge Miranda M. Du on 10/17/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
40
ORDER granting ECF No. 39 Motion to Extend Time : Reply to ECF No. 35 Response re ECF No. 31 Motion to Dismiss due by 10/16/2018. Signed by Judge Miranda M. Du on 10/4/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
38
ORDER granting ECF No 37 Motion to Extend Time : Reply to ECF No. 35 /36] Response re ECF No. 31 Motion to Dismiss due by 9/21/2018. Signed by Judge Miranda M. Du on 8/22/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
30
ORDER granting ECF No. 29 motion for enlargement of time to respond to ECF No. 22 Second Amended Petition for Writ of Habeas Corpus. Respondents' response/answer due 8/2/2018. Signed by Judge Miranda M. Du on 7/24/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
28
ORDER granting ECF No. 27 Respondents' second unopposed motion for enlargement of time to respond to ECF No. 22 Second Amended Petition for Writ of Habeas Corpus. Respondents' answer/response due 7/23/2018. Signed by Judge Miranda M. Du on 6/25/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
26
ORDER granting ECF No. 24 unopposed motion for enlargement of time to file response to ECF No. 22 Second Amended Petition for Writ of Habeas Corpus Response/answer due 6/22/2018. Signed by Judge Miranda M. Du on 5/8/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
21
ORDER granting ECF No. 20 unopposed motion for extension of time to file amended petition. Second Amended Petition due by 3/9/2018. Signed by Judge Miranda M. Du on 3/2/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
19
ORDER granting Petitioner's ECF No. 18 Motion to Extend Time: Second Amended Petition due by 3/2/2018. Signed by Judge Miranda M. Du on 2/16/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing
15
ORDER that FPD Megan C. Hoffman, Esq be appointed as counsel for petitioner; ECF No. 10 Motion for Leave to File a First Amended Petition is granted; Clerk directed to file the first amended petition 10 -1; ECF Nos. 11 , 12 , and 13 Mo tion for Leave to File Index of Exhibits are granted; (exhibits left on docket as ECF Nos. 11 , 12 , and 13 ; ECF No. 14 Motion for a Scheduling Order is granted; petitioner will have until 2/14/2018 to file second amended p etition and/or seek other appropriate relief; Respondents are not required to respond to first amended petition (see order for specific details); any procedural defenses raised by respondents to the amended petition must be raised together in motion to dismiss; respondents' answer must specifically cite to and address the applicable state court written decision and state court record materials; the hard copy of any exhibits filed by either counsel must be delivered to the Reno Clerks Office. Signed by Judge Miranda M. Du on 11/16/2017. (Copies have been distributed pursuant to the NEF - LH)
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Filing
5
ORDER - Petitioner's IFP application (ECF No. 1 ) denied as moot. Clerk shall file the petition and papers accompanying the IFP application, including the motion for counsel; and that motion for appointment of counsel is granted. FPD is provisionally appointed as counsel and will have until 11/4/2017 to undertake direct representation of petitioner or to indicate to the Court the office's inability to do so. Clerk will add AG as counsel for respondents and will E-serve this order upon respondents. (E-service 10/5/2017.) Respondents' counsel must enter a notice of appearance by 10/26/2017. The Clerk accordingly will send a copy of this order to the pro se petitioner, the AG, the FPD, and the CJA Coordinator. (E-s ervice ot AG, FPD, and CJA Coord.; paper copy to P, ON 10/5/2017.) Clerk further will provide copies of all prior filings herein to both the AG and FPD. (E-service via NEF regeneration ECF Nos. 1 - 4 to AG and FPD on 10/5/2017 ) Signed by Judge Miranda M. Du on 10/4/2017. (Copies have been distributed pursuant to the NEF - DRM)
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