Howard v. Gittere
| Samuel Howard |
| Warden William Gittere |
| Nevada Attorney General and William Gittere |
| 2:2019cv00247 |
| February 11, 2019 |
| US District Court for the District of Nevada |
| Miranda M Du |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 1651 |
| None |
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Filing 8
ORDER that Petitioner's "motion to stay federal habeas proceedings" ECF No. #2 is granted; action is stayed while Petitioner exhausts, in state ourt, his unexhausted claim for habeas corpus relief; Petitioner must file and serve a status report, describing the status of his state-court proceedings by 6/15/2019 and every 6 months thereafter during stay of action; Respondents may file and serve a response to any such status report within 15 days after service; petitioner may reply within 15 days of service of response; following the conclusion of state court proceedings, Petitioner must, within 30 days, make a motion to lift the stay; this action will be subject to dismissal upon a motion by Respondents if Petitioner does not comply with the time limits in this order; that Petitioner's "unopposed motion to expedite ruling on stay"ECF No. #7 is denied as moot. Signed by Judge Miranda M. Du on 3/25/2019. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 7 MOTION to Expedite re #2 Motion to Stay Case by Petitioner Samuel Howard. (Horwitz, Jonah) |
| Filing 6 REPLY to Response to #2 Motion to Stay Case by Petitioner Samuel Howard. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Horwitz, Jonah) |
| Filing 5 RESPONSE to #2 Motion to Stay Case by Respondents William Gittere, Nevada Attorney General. Replies due by 3/22/2019. (Procter, Heather) |
| Filing 4 NOTICE of Appearance by attorney Heather D. Procter on behalf of Respondents William Gittere, Nevada Attorney General. (Procter, Heather) |
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Filing 3
ORDER that the Clerk is directed to add AG as counsel for Respondents; Clerk directed to e-serve upon Respondents habeas corpus petition in this case ECF No. #1 , Petitioner's motion to stay federal habeas proceedings ECF No. #2 , and a copy of this order (NEF regeneration of ECF Nos. #1 and #2 and e-service of order on 2/14/2019); Respondents' counsel to enter a notice of appearance by 2/24/2019; Respondents to file response to Petitioner's motion to stay ECF No. #2 by 3/16/2019; Petitioner will thereafter have 20 days to file a reply; Respondents to file a motion or other response to the petition by 3/16/2019. Signed by Judge Miranda M. Du on 2/14/2019. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 2 MOTION to Stay Case by Plaintiff Samuel Howard. (Attachments: #1 Exhibit, #2 Exhibit) (Horwitz, Jonah) Modified on 2/14/2019 to denote NEF regenerated to AG per ECF No. #3 Order (KW). |
| Filing 1 PETITION for Writ of Habeas Corpus - Death Penalty (Filing fee $ 5 receipt number 0978-5426059) by Samuel Howard. (Attachments: #1 Exhibit)(Horwitz, Jonah) Modified on 2/14/2019 to denote NEF regenerated to AG per ECF No. #3 Order (KW). |
| Case assigned to Judge Miranda M. Du. (JM) |
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