JOSE L. ECHAVARRIA V. E.K. MCDANIEL, ET AL.
| 3:1998cv00202 |
| April 17, 1998 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Roger L. Hunt |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
249
ORDER that Respondents will have until and including 7/22/2019, to either release Echavarria from custody or file a notice of election to retry him (60 days from May 21 is July 20, a Saturday). If Respondents file a notice of intent to retry E chavarria, jury selection in the retrial must commence within 180 days after the notice is filed. Pursuant to Federal Rule of Civil Procedure 25(d), the Clerk is directed to substitute William Gittere for Timothy Filson as the respondent warden on the docket for this case. Signed by Judge Miranda M. Du on 5/22/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
235
ORDER re ECF No. 234 USCA Order : With regard to the order of February 22, 2017 (ECF No. 231 ), the petitioner is denied a certificate of appealability. Signed by Judge Miranda M. Du on 4/3/2017. ( E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit re USCA Case 17-15560. )(Copies have been distributed pursuant to the NEF - DRM)
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Filing
210
ORDER Motion for evidentiary hearing 191 , 192 is denied. Second amended petition 136 , 139 is granted. Petitioner shall be released within 60 days unless respondents file written notice of election to retry Echavarria. Judgment shall be stayed pending conclusion of any appellate or certiorari review. Petitioner denied certificate of appealability with respect to claims denied. Clerk shall enter judgment accordingly. Clerk shall provide copy of this order and judgment to Eighth Judicial District Court (mailed 1/16/15). Case terminated. Signed by Judge Miranda M. Du on 1/16/15. (Copies have been distributed pursuant to the NEF - JC)
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Filing
174
ORDERED that respondents' # 145 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. The following claims in petitioner's # 136 Second amended habeas corpus petition are dismissed: Claims 1, 5, 6, 8, 10, 13, 14, and the claims of ineffective assistance of counsel in Claim 9. In all other respects the motion to dismiss is DENIED. FURTHER ORDERED that petitioner's # 157 Motion for Leave to Conduct Discovery is DENIED. FURTHER ORDERED that petitioner's #[1 58] Motion for an Evidentiary Hearing is DENIED. FURTHER ORDERED that respondents shall file an answer, responding to the remaining claims in petitioners # 136 Second amended habeas corpus petition within 90 days from the entry of this order. Signed by Judge Miranda M. Du on 3/20/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
135
ORDER 1. Amended Petition. If necessary, P shall file and serve an amended petition for a writ of habeas corpus on or before November 18, 2011. 2. Response to Petition. Rs shall have 60 days following service of the amended petition to file and serve an answer or other response to the amended petition. If P does not file an amended petition, Rs shall have 60 days following the due-date for the amended petition to file and serve an answer or other response to th e original petition. 3. Reply and Response to Reply. P shall have 45 days following service of an answer to file and serve a reply. Rs shall thereafter have 30 days following service of a reply to file and serve a response to the reply. 4. Briefing of Motion to Dismiss. If Rs file a motion to dismiss, P shall have 30 days following service of the motion to file and serve an opposition to the motion. Rs shall thereafter have 30 days following service of the opposition to file and serve a reply. 5. Discovery. If P wishes to move for leave to conduct discovery, P shall file and serve such motion concurrently with, but separate from, the response to Rs' motion to dismiss or the reply to Rs' a nswer. 6. Evidentiary Hearing. If P wishes to request an evidentiary hearing, P shall file and serve a motion for an evidentiary hearing concurrently with, but separate from, the response to Rs' motion to dismiss or the reply to Rs& #039; answer. 7. Status Reports and Status Conferences. The court may from time to time, as the need arises, schedule status conferences, and/or require the filing and service of status reports Signed by Judge Roger L. Hunt on 8/17/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
133
ORDERED that P's # 132 Motion to Vacate Stay and Reopen Capital Habeas Corpus Proceeding is GRANTED. The stay of this action is lifted. IT IS FURTHER ORDERED that a telephonic status conference is set forAugust 24, 2011, at 10:30 a.m. Signed by Judge Roger L. Hunt on 7/12/2011. (Copies have been distributed pursuant to the NEF - DRM)
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