Torrez-Mejia v. Howell et al
Petitioner: Victor Torrez-Mejia
Respondent: Attorney General of the State of Nevada and Jerry Howell
Case Number: 2:2018cv00681
Filed: April 13, 2018
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Cam Ferenbach
Presiding Judge: Richard F. Boulware
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
August 24, 2023 Opinion or Order Filing 43 ORDER. IT IS THEREFORE ORDERED that the 15 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is GRANTED as to Ground 2. Petitioner Victor Torres-Mejia's judgment of conviction filed on November 7, 2014, in case number C2 76926-1, in the Eighth Judicial District Court for the State of Nevada is VACATED. IT IS FURTHER ORDERED that, to the extent necessary, a certificate of appealability is DENIED for Grounds 1, 3, and 4. IT IS FURTHER ORDERED that the Clerk of the Court (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 in connection with that court's case number C276926-1, and (3) close this case. Signed by Judge Richard F. Boulware, II on 8/24/2023. (Copies have been distributed pursuant to the NEF - ALZ)
November 30, 2020 Opinion or Order Filing 41 ORDER Granting 39 Motion for Extension of Time. Replies due by 1/11/2021. Signed by Judge Richard F. Boulware, II on 11/30/2020. (Copies have been distributed pursuant to the NEF - JQC)
October 11, 2020 Opinion or Order Filing 36 ORDER Granting 35 Motion to Extend Time. Answer due 10/23/2020. Signed by Judge Richard F. Boulware, II on 10/11/2020. (Copies have been distributed pursuant to the NEF - JQC)
May 18, 2020 Opinion or Order Filing 30 ORDER. IT IS ORDERED that 20 Respondents' Motion to Dismiss is DENIED in part as follows: Grounds 3 and 4 are EXHAUSTED. A decision on Ground 1 is deferred as set forth in this order. IT IS FURTHER ORDERED that Respondents shall have sixty (6 0) days from the date this order is entered within which to file an answer to the Second Amended Petition. IT IS FURTHER ORDERED that Petitioner shall have forty-five (45) days following service of Respondents' Answer in which to file a reply. IT IS FURTHER ORDERED that 22 Respondents' Motion for Leave to File Presentence Investigation Report Under Seal is GRANTED.. Signed by Judge Richard F. Boulware, II on 5/18/2020. (Copies have been distributed pursuant to the NEF - JQC)
May 3, 2019 Opinion or Order Filing 25 ORDER Granting 24 Motion to Extend Time Re: 20 Motion to Dismiss. Responses due by 6/3/2019. Signed by Judge Richard F. Boulware, II on 5/3/2019. (Copies have been distributed pursuant to the NEF - ADR)
October 23, 2018 Opinion or Order Filing 14 ORDER granting 13 Motion to Extend Time to File Amended Petition. Amended Petition due by 2/26/2019. Signed by Judge Richard F. Boulware, II on 10/23/2018. (Copies have been distributed pursuant to the NEF - MMM)
July 25, 2018 Opinion or Order Filing 12 ORDER that counsel for petitioner shall meet with petitioner as soon as reasonably possible, if counsel has not already done so. FURTHER ORDERED that petitioner shall have ninety (90) days from the date of this order to FILE AND SERVE on respondents an amended petition for writ of habeas corpus, which shall include all known grounds for relief (both exhausted and unexhausted). FURTHER ORDERED that respondents shall have forty-five (45) days after service of an amended petition within which to answer, or otherwise respond to, the amended petition. Signed by Judge Richard F. Boulware, II on 7/25/2018. (Copies have been distributed pursuant to the NEF - MMM)
June 25, 2018 Opinion or Order Filing 9 AMENDED ORDER. ORDERED that the Clerk shall ELECTRONICALLY SERVE the amended petition (ECF No. 7 ) on the respondents. FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Nevada Attorney General, as counsel for respondents. FURTHER ORDERED that petitioner's motion for appointment of counsel (ECF No. 2 ) is GRANTED. FURTHER ORDERED that the Federal Public Defender for the District of Nevada (FPD) is appointed to represent petitioner. FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE the FPD a copy of this order, together with a copy of the amended petition for writ of habeas corpus (ECF No. 7 ). The FPD shall have thirty (30) days from the date of entry of this order to file a notice of appeara nce or to indicate to the court its inability to represent petitioner in these proceedings. FURTHER ORDERED that after counsel has appeared for petitioner in this case, the court will issue a scheduling order, which will, among other things, set a deadline for the filing of a second amended petition. Signed by Judge Richard F. Boulware, II on 6/25/2018. (Copies have been distributed pursuant to the NEF - MMM)
June 23, 2018 Opinion or Order Filing 8 ORDER granting Petitioner's [ECF No. 2] Motion for Appointment of Counsel. FURTHER ORDERED that the Clerk shall file and ELECTRONICALLY SERVE the petition (ECF No. 1-1) on the respondents.FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Nevada Attorney General, as counsel for respondents.FURTHER ORDERED that the Federal Public Defender for the District of Nevada (FPD) is appointed to represent petitioner.FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE the F PD a copy of this order, together with a copy of the petition for writ of habeas corpus (ECF No. 1-1). The FPD shall have thirty (30) days from the date of entry of this order to file a notice of appearance or to indicate to the court its inability to represent petitioner in these proceedings.FURTHER ORDERED that after counsel has appeared for petitioner in this case, the court will issue a scheduling order, which will, among other things, set a deadline for the filing of an amended petition. Signed by Judge Richard F. Boulware, II on 6/23/2018.(Copies have been distributed pursuant to the NEF - BEL)
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Respondent: Attorney General of the State of Nevada
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Respondent: Jerry Howell
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Petitioner: Victor Torrez-Mejia
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