Delapinia v. Williams Sr et al
Petitioner: Ryan L Delapinia
Respondent: Attorney General of the State of Nevada and Brian E Williams Sr
Case Number: 2:2017cv02376
Filed: September 8, 2017
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Miranda M. Du
Presiding Judge: Carl W. Hoffman
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 30, 2020 Opinion or Order Filing 47 ORDER granting ECF No. 46 Motion to Extend Time re ECF No. 43 Answer to ECF No. 25 Second Amended Petition. Reply due by 1/4/2021. Signed by Chief Judge Miranda M. Du on 11/30/2020. (Copies have been distributed pursuant to the NEF - KR)
September 22, 2020 Opinion or Order Filing 45 ORDER granting ECF No. 44 Motion to Extend Time. Petitioner will have up to and including November 20, 2020, to file and serve a reply to the answer (ECF No. 43 ). Signed by Chief Judge Miranda M. Du on 9/22/2020. (Copies have been distributed pursuant to the NEF - AB)
July 6, 2020 Opinion or Order Filing 42 ORDER - Respondents' Motion for Enlargement of Time (ECF No. 41 ) is granted. Respondents will have up to and including August 5, 2020, to file and serve an answer to the Amended Petition (ECF No. 25 ). Signed by Chief Judge Miranda M. Du on 7/6/2020. (Copies have been distributed pursuant to the NEF - AB)
May 20, 2020 Opinion or Order Filing 40 ORDER - Respondents' Motion to Dismiss (ECF No. 26 ) is granted in part with respect to Ground 4(c) and denied in part with respect to Grounds 2(b) and 4(b). The Court defers consideration of whether Petitioner can demonstrate cau se and prejudice under Martinez v. Ryan, 566 U.S. 1 (2012), to overcome the procedural default of Ground 4(c) until after an answer and reply have been filed in this action.Respondents will have 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 45 days from the date on which the answer is served to file a reply. Signed by Chief Judge Miranda M. Du on 5/20/2020. (Copies have been distributed pursuant to the NEF - AB)
January 14, 2020 Opinion or Order Filing 34 ORDER granting Respondents' ECF No. 30 Motion to Seal; granting ECF No. 32 Motion to Extend Time re ECF No. 26 Motion to Dismiss: Petitioner's response due by 1/24/2020. Signed by Chief Judge Miranda M. Du on 1/14/2020. (Copies have been distributed pursuant to the NEF - KR)
July 23, 2018 Opinion or Order Filing 20 ORDER that Petitioner's motion to stay case and hold in abeyance (ECF No. 18 ) is granted; this action is stayed pending exhaustion of the unexhausted claims; Petitioner must return to this Court with a motion to reopen within 45 days o f issuance of the remittitur by the Nevada Supreme Court at the conclusion of the state court proceedings; Petitioner or Respondents otherwise may move to reopen the action and seek any relief appropriate under the circumstances; Clerk directed to administratively close this action until such time as the court grants a motion to reopen the action. Signed by Judge Miranda M. Du on 7/23/2018. (Copies have been distributed pursuant to the NEF - LH)
May 8, 2018 Opinion or Order Filing 15 ORDER granting ECF No. 14 Motion to Extend Time: Amended Petition due by 7/6/2018. Signed by Judge Miranda M. Du on 5/8/2018. (Copies have been distributed pursuant to the NEF - KR)
February 6, 2018 Opinion or Order Filing 13 ORDER granting ECF No. 12 petitioner's unopposed motion for extension of time to file amended petition. Amended petition due by 5/7/2018. Signed by Judge Miranda M. Du on 2/6/2018. (Copies have been distributed pursuant to the NEF - LH)
November 7, 2017 Opinion or Order Filing 8 ORDER that the Clerk directed to file the petition; petitioner's IFP ECF No. 7 is granted; petitioner's motion to file protective petition ECF No. 3 is denied as moot; petitioner's motion for appointment of counsel E CF No. 5 is granted; FPD appointed; FPD will be appointed counsel and will have (30) days to undertake direct representation or indicate to the Court the offices inability to represent petitioner; Clerk directed to add AG as counsel for resp ondents; respondents' counsel must enter a notice of appearance by 11/27/2017; no further response will be required from respondents until further order; Clerk directed to send a copy of this order and the petition to AG and FPD (e-service on 11/07/2017); hard copy of any electronically filed exhibits must be forwarded, for this case, to the staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 11/07/2017. (Copies have been distributed pursuant to the NEF - KW)
September 26, 2017 Opinion or Order Filing 4 ORDER directing Petitioner to file IFP application or pay full $5 filing fee within 30 days; directing Clerk to send Petitioner blank IFP form (mailed 9/26/2017). Signed by Judge Miranda M. Du on 9/26/20147. (Copies have been distributed pursuant to the NEF - KR)
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Respondent: Attorney General of the State of Nevada
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Respondent: Brian E Williams Sr
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Petitioner: Ryan L Delapinia
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