Garcia v. Nevada Department of Corrections et al
Petitioner: Evaristo Jonathan Garcia
Respondent: Attorney General of the State of Nevada and Nevada Department of Corrections
Case Number: 2:2017cv03095
Filed: December 20, 2017
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Carl W. Hoffman
Presiding Judge: James C. Mahan
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 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
April 11, 2024 Opinion or Order Filing 65 ORDER granting 63 Motion to Extend Time. It is therefore ordered that Respondents fourth unopposed motion for enlargement of time ECF No. 63 is granted. Respondents have until April 15, 2024, to file their reply. Signed by Judge James C. Mahan on 4/11/2024. (Copies have been distributed pursuant to the NEF - CAH)
February 21, 2024 Opinion or Order Filing 61 ORDERED that Respondents' third unopposed motion for enlargement of time (ECF No. 60 ) is granted. Respondents have until April 1, 2024, to file their reply in support of their motion to dismiss. Signed by Judge James C. Mahan on 2/21/2024. (Copies have been distributed pursuant to the NEF - DRM)
January 10, 2024 Opinion or Order Filing 59 ORDER granting 58 Motion to Extend Time to File Reply in Support of Motion to Dismiss. Replies due by 2/16/2024. Signed by Judge James C. Mahan on 1/10/2024. (Copies have been distributed pursuant to the NEF - CAH)
September 22, 2023 Opinion or Order Filing 52 ORDER granting 51 Motion to Extend Time Re: 42 Motion to Dismiss. Responses due by 10/3/2023. It is further ordered that the Clerk of Court is directed to substitute W.A. Gittere for Respondent Calvin Johnson. Signed by Judge James C. Mahan on 9/22/2023. (Copies have been distributed pursuant to the NEF - CT)
July 27, 2023 Opinion or Order Filing 50 ORDER granting 49 Motion to Extend Time to File Response to 42 Motion to Dismiss. Responses due by 9/19/2023. Signed by Judge James C. Mahan on 7/27/2023. (Copies have been distributed pursuant to the NEF - CT)
April 21, 2023 Opinion or Order Filing 40 ORDER. IT IS HEREBY ORDERED that Respondents' unopposed second motion to extend time 39 is GRANTED. Respondents have until May 22, 2023, to respond to the second-amended petition. Signed by Judge James C. Mahan on 4/21/2023. (Copies have been distributed pursuant to the NEF - LOE)
February 6, 2023 Opinion or Order Filing 38 ORDER Granting 37 Motion to Extend Time to File Answer re 36 Amended Petition for Writ of Habeas Corpus. Attorney General of the State of Nevada answer due 4/7/2023; Calvin Johnson answer due 4/7/2023. Signed by Judge James C. Mahan on 2/6/2023. (Copies have been distributed pursuant to the NEF - KF)
November 29, 2022 Opinion or Order Filing 35 ORDER Granting 34 Motion to Extend Time to File Second Amended Petition. Amended Petition due by 12/6/2022. Signed by Judge James C. Mahan on 11/29/2022. (Copies have been distributed pursuant to the NEF - KF)
September 23, 2022 Opinion or Order Filing 33 ORDER Granting 31 Motion to Reopen Case. As the stay is lifted by this order, the clerk of the court will reopen this action. The clerk of the court is directed to substitute Calvin Johnson for Respondent Nevada Department of Correct ions. Garcia must file a second amended petition for writ of habeas corpus within 60 days after entry of this order. See Order for further details. Signed by Judge James C. Mahan on 9/23/2022.; Case reopened. (Copies have been distributed pursuant to the NEF - KF)
April 4, 2019 Opinion or Order Filing 26 ORDER Granting 24 Unopposed Motion to Stay Case. It is further ordered that the clerk shall administratively close this action, until such time as the court grants a motion to reopen the matter. Signed by Judge James C. Mahan on 4/4/2019. (Copies have been distributed pursuant to the NEF - MR)
January 10, 2019 Opinion or Order Filing 16 ORDER Granting 15 Unopposed Motion to Extend Time re 9 Order (Third Request). Amended Petition due by 2/7/2019. Signed by Judge James C. Mahan on 1/10/2019. (Copies have been distributed pursuant to the NEF - MR)
December 10, 2018 Opinion or Order Filing 14 ORDER Granting 13 Unopposed Motion to Extend Time re 9 Order (Second Request). Amended Petition due by 1/8/2019. Signed by Judge James C. Mahan on 12/10/2018. (Copies have been distributed pursuant to the NEF - MR)
August 8, 2018 Opinion or Order Filing 12 ORDER Granting 11 Unopposed Motion to Extend Time re 9 Order (First Request). Amended Petition due by 11/1/2018. Signed by Judge James C. Mahan on 8/8/2018. (Copies have been distributed pursuant to the NEF - MR)
December 29, 2017 Opinion or Order Filing 4 ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis; ORDER granting 2 Motion for Appointment of Counsel. Petitioner shall have thirty (30) days from entry of this order within which to have the filing fee of five do llars ($5.00) sent to the clerk of court.FURTHER IS ORDERED that the federal public defender shall be provisionally appointed as counsel and shall have thirty (30) days to undertake direct representation of petitioner. Respondents' co unsel shall enter a notice of appearance within twenty-one (21) days of entry of this order. The Clerk shall file the petition. Signed by Judge James C. Mahan on 12/29/2017. (Copies have been distributed pursuant to the NEF, cc: Pursuant to Order - JM)
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Respondent: Attorney General of the State of Nevada
Represented By: Adam P. Laxalt
Represented By: Heather D. Procter
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Respondent: Nevada Department of Corrections
Represented By: Adam P. Laxalt
Represented By: Heather D. Procter
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Petitioner: Evaristo Jonathan Garcia
Represented By: Rene Valladares
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