Delapinia v. Williams Sr et al
| Ryan L Delapinia |
| Attorney General of the State of Nevada and Brian E Williams Sr |
| 2:2017cv02376 |
| September 8, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Miranda M. Du |
| Carl W. Hoffman |
| 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
60
ORDERED that the conditional writ of habeas corpus (ECF No. 54 ) is satisfied. The Clerk of Court is directed to close this case and enter judgment accordingly. Signed by Chief Judge Miranda M. Du on 9/22/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
58
ORDER - Delapinia must respond to Respondents' Notice Regarding Satisfaction of Judgment (ECF No. 57 ) within 14 days after entry of this order (by 9/1/2022). Respondents will have 7 days after service of Delapinia' s response to file a reply, if any. If Delapinia fails to respond within 14 days after entry of this order, the Court will order that the conditional writ is satisfied and close this case. Signed by Chief Judge Miranda M. Du on 8/18/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
53
ORDER - Delapinia is entitled to federal habeas corpus relief on the narrow grounds detailed herein. The petition for a writ of habeas corpus, as amended, is conditionally granted for grounds specified; and accordingly, the state court judgme nt of conviction of Petitioner Ryan L. Delapinia in No. C289201-1 in the Eighth Judicial District Court for the State of Nevada hereby is vacated. Delapinia shall be resentenced within timeframe specified herein. Clerk of Court is directed to enter final judgment accordingly, conditionally granting the petition for a writ of habeas corpus as provided herein and close this case. A certificate of appealability is denied Clerk is directed to seal ECF Nos. 22 -21 and 22 -22. Clerk is directed to substitute Calvin Johnson as Respondent for Respondent Brian E. Williams, Sr.. Clerk is directed to provide a copy of this order and the judgment to the Clerk of the Eighth Judicial District Court, in conn ection with that court's case No. C289201-1. (Certified copies of instant order; and PACER docket sheet mailed to 8th Judicial Clerk on 3/23/2022.) Signed by Chief Judge Miranda M. Du on 3/22/2022. (Copies have been distributed pursuant to the NEF - DRM)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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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