Tracy Petrocelli v. Timothy Filson, et al.
Case Number: 3:1994cv00459
Filed: July 13, 1994
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Robert C. Jones
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 20, 2017 Opinion or Order Filing 273 ORDER granting Petitioner's ECF No. 162 Fourth Amended Petition with respect to Claim 12; directing Respondents, within 180 days, to either (1) grant Petitioner a new penalty-phase trial and initiate proceedings relative to that new pen alty-phase trial, or (2) vacate Petitioner's capital sentence and impose upon him a non-capital sentence, consistent with law; directing Clerk to enter judgment accordingly. Signed by Judge Robert C. Jones on 11/20/2017. (Copies have been distributed pursuant to the NEF - KR)
September 28, 2017 Opinion or Order Filing 269 ORDER directing Clerk to administratively reopen this case; directing Clerk to substitute Timothy Filson for Renee Baker and Adam Paul Laxalt for Catherine Cortez Masto; giving Petitioner 14 days to file a proposed order granting habeas relief as mandated by the Court of Appeals, giving Respondents 14 days to respond and Petitioner 7 days to reply. Signed by Judge Robert C. Jones on 9/28/2017. (Copies have been distributed pursuant to the NEF - KR)
October 8, 2013 Opinion or Order Filing 246 ORDER denying 162 Fourth Amended Petition for Writ of Habeas Corpus. Petitioner is granted a certificate of appealability with respect to Grounds 6(d), 12, and 13 of his fourth amended petition for writ of habeas corpus. Signed by Chief Judge Robert C. Jones on 10/8/13. (Copies have been distributed pursuant to the NEF - JC)
December 7, 2011 Opinion or Order Filing 231 ORDERED that P's # 225 Motion for Permission to Appeal Denial of Motion for Stay and Abeyance is DENIED. FURTHER ORDERED that Rs shall file and serve an answer, responding to the claims remaining in petitioners # 162 Fourth amended habeas pet ition, on or before February 6, 2012. FURTHER ORDERED that, in all other respects, the schedule for further litigation of this action set forth in the order entered November 16, 2007 (docket # 147 ) shall remain in effect. Signed by Chief Judge Robert C. Jones on 12/7/2011. (Copies have been distributed pursuant to the NEF - DRM)
October 5, 2011 Opinion or Order Filing 224 ORDER. IT IS HEREBY ORDERED that petitioner's 220 Motion for Reconsideration of Order Denying Petitioner's Motion for Stay and Abeyance is DENIED. FURTHER ORDERED, petitioner shall have 30 days from the date of entry of thi s order to file a notice of abandonment of unexhausted claims, abandoning the claims in his fourth amended petition that have been held to be unexhausted in state court. If petitioner does not comply to this order within the time allowed, petitioner& #039;s 162 Fourth Amended Petition will be dismissed, in its entirety. FURTHER ORDERED, if petitioner complies with this order, respondent shall thereafter have 90 days to file an answer, responding to the exhausted claims remaining in peti tioner's fourth amended petition. FURTHER ORDERED, in all other respects, the schedule for further proceedings set forth in the 147 Order shall remain in force. FURTHER ORDERED, the Clerk shall substitute Renee Baker for E.K. McDaniel, on the docket, as the respondent warden; shall remove Ron Angelone from the docket, as a respondent; and shall update the caption of the action to reflect these changes. Ron Angelone and E. K. McDaniel terminated. Signed by Chief Judge Robert C. Jones on 10/5/2011. (Copies have been distributed pursuant to the NEF - KO)
March 10, 2011 Opinion or Order Filing 218 ORDER. IT IS ORDERED that P's 216 Motion for Leave to File Reply Brief Over Twenty Pages in Length is GRANTED. The Reply has already been filed, so no furth action is required by the Clerk. FURTH ORD that P's 203 Motion to Stay Proceedings and Hold Litigation in Abeyance is DENIED. FURTH ORD that P shall have 30 days from the date of entry of this order to file a notice of abandonment of unexhausted claims, abandoning claims in his 4th Amend Pet that have been held t o be unexhausted in state court. If P does not file the Notice w/in the time allowed, the 162 Fourth Amended Petition will be DISMISSED, in its entirety. FURTH ORD that if P files the Notice w/in the time allowed, Rs shall thereafter have 90 day s to file an answer, responding to the exhausted claims. FURTH ORD that, in all other respects, the schedule for further proceedings set forth in the 147 order shall remain in force. Signed by Judge Robert C. Jones on 3/10/2011. (Copies have been distributed pursuant to the NEF - PM)
August 10, 2010 Opinion or Order Filing 209 ORDER DENYING 201 Motion for Reconsideration. FURTHER ORDERED that responsents shall have forty-five (45) days to respond to 203 Motion to Stay. Petitioner shall have thirty (30) days to file a reply in support of the motion to stay. Signed by Judge Robert C. Jones on 08/10/2010. (Copies have been distributed pursuant to the NEF - MLC)
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