Azcarate v. Williams et al
| Ray Antonio Azcarate |
| Attorney General of the State of Nevada and Brian Williams |
| 2:2017cv02190 |
| August 14, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Richard F. Boulware |
| George Foley |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
65
ORDER. IT IS THEREFORE ORDERED that the first amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 [ECF No. 14 ] is GRANTED as to ground 3 and denied as to grounds 1 and 2. Petitioner Ray Antonio Azcarate's judgment of conviction is vacated. Within 60 days of the later of (1) the conclusion of any proceedings seeking appellate or certiorari review of this court's judgment, if affirmed, or (2) the expiration for seeking such appeal or review, Azcarate must be given a new penalty hearing. IT IS FURTHER ORDERED that a certificate of appealability is granted as to ground 1 and denied as to ground 2. IT IS FURTHER ORDERED that the Clerk of Court is directed to (1) enter judgment accordingly, (2) provide a copy of this order and the judgment to the Clerk of the Eighth Judicial District Court for the State of Nevada, Clark County in connection with that court's case number C204931, and (3) close this case. Signed by Judge Richard F. Boulware, II on 4/17/2024. (Copies have been distributed pursuant to the NEF. Copy of order and judgment mailed to the Clerk of the Eighth Judicial District Court for the State of Nevada, Clark County. - RJDG)
|
|
Filing
54
ORDER Granting 53 Motion to Extend Time re 52 Order (Second Request). Replies due by 4/27/2021. Signed by Judge Richard F. Boulware, II on 2/25/2021. (Copies have been distributed pursuant to the NEF - MR)
|
|
Filing
52
ORDER Granting 51 Motion to Extend Time to File Reply re 50 Answer to 14 Amended Habeas Petition (First Request). Replies due by 2/26/2021. Signed by Magistrate Judge Elayna J. Youchah on 12/21/2020. (Copies have been distributed pursuant to the NEF - MR)
|
|
Filing
49
ORDER Granting 48 Motion to Extend Time re 14 Amended Petition (Third Request). Respondents answer due 11/13/2020. Signed by Judge Richard F. Boulware, II on 10/14/2020. (Copies have been distributed pursuant to the NEF - MR)
|
|
Filing
47
ORDER Granting 46 Motion to Extend Time re 14 Amended Petition (Second Request). Respondents answer due 10/14/2020. Signed by Judge Richard F. Boulware, II on 9/14/2020. (Copies have been distributed pursuant to the NEF - MR)
|
|
Filing
42
ORDER Granting in part Respondents' Motion to dismiss (ECF No. 27) The portions of Ground 3 unrelated to Petitioners drug use in the first amended petition are DISMISSED as untimely.ORDERED that respondents' motion to dismiss (ECF No. 27) is DENIED in part with respect to the timeliness of the action as a whole.ORDERED that Respondents will have forty-five (45) days from the date of entry of this order to file and serve an answer, which must comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner will have forty-five (45) days from the date on which the answer is served to file a reply. Signed by Judge Richard F. Boulware, II on May 31, 2020. (Copies have been distributed pursuant to the NEF - BEL)
|
|
Filing
37
ORDER Granting 36 Motion to Extend Time re 27 Motion to Dismiss (Second Request). Responses due by 10/24/2019. Signed by Judge Richard F. Boulware, II on 9/3/2019. (Copies have been distributed pursuant to the NEF - MR) to Extend Time
|
|
Filing
34
ORDER Granting 33 Motion to Extend Time re 27 Motion to Dismiss (First Request). Petitioner will have through 9/3/2019, to file a response to the motion to dismiss. Signed by Judge Richard F. Boulware, II on 7/9/2019. (Copies have been distributed pursuant to the NEF - MR)
|
|
Filing
26
ORDER. IT IS ORDERED that 25 respondents' unopposed motion to enlarge time (first request) is GRANTED. Respondents will have through 5/23/2019, to file and serve an answer or other response to 14 the first amended petition. Signed by Judge Richard F. Boulware, II on 4/8/2019. (Copies have been distributed pursuant to the NEF - MR)
|
|
Filing
24
ORDER. IT IS ORDERED that respondents will have forty-five (45) days from the date of entry of this order to answer or otherwise respond to 14 the first amended petition. See Order for details/deadlines. Signed by Judge Richard F. Boulware, II on 2/21/2019. (Copies have been distributed pursuant to the NEF - MR)
|
|
Filing
22
ORDER. IT IS ORDERED that 19 motion for discovery is GRANTED. IT FURTHER IS ORDERED that 16 petitioner's motion for leave to file exhibits under seal is GRANTED. Signed by Judge Richard F. Boulware, II on 10/9/2018. (Copies have been distributed pursuant to the NEF - MR)
|
|
Filing
13
ORDER Granting 12 Unopposed Motion to Extend Time to File a First Amended Petition for Writ of Habeas Corpus (Second Request). Amended Petition due by 5/9/2018. Signed by Judge Richard F. Boulware, II on 4/24/2018. (Copies have been distributed pursuant to the NEF - MR)
|
|
Filing
11
ORDER. IT IS ORDERED that 10 petitioner's unopposed motion for extension of time (first request) is GRANTED. Petitioner will have through 4/23/2018, to file and serve an amended petition for a writ of habeas corpus. Signed by Judge Richard F. Boulware, II on 1/23/2018. (Copies have been distributed pursuant to the NEF - MR)
|
|
Filing
6
ORDER. IT IS ORDERED that the clerk of the court file the petition. IT IS FURTHER ORDERED that 2 petitioner's motion for appointment of counsel is GRANTED. The FPD is provisionally appointed to represent petitioner. IT IS FURTHER OR DERED that the clerk shall add Adam Paul Laxalt, Attorney General for the State of Nevada, as counsel for respondents. IT IS FURTHER ORDERED that the clerk shall electronically serve both the Attorney General of the State of Nevada and the FPD a copy of the petition and a copy of this order. See Order for details/deadlines. Signed by Judge Richard F. Boulware, II on 10/24/17. (Copies have been distributed pursuant to the NEF - MR)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nevada District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
