STEVEN M. HOMICK V. E.K. MCDANIEL
| 3:1999cv00299 |
| June 3, 1999 |
| US District Court for the District of Nevada |
| Reno Office |
| Robert A. McQuaid |
| Philip M. Pro |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
388
ORDERED that this action is DISMISSED WITHOUT PREJUDICE, as moot, on account of the death of the petitioner. IT IS FURTHER ORDERED that the clerk of the court shall ENTER JUDGMENT ACCORDINGLY. Signed by Judge Philip M. Pro on 12/24/2014. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
374
ORDERED that Rs' # 303 Motion to Dismiss is DENIED. With respect to the Brady claims in Claim 1 of P's 282 second amended habeas petition, the denial is with prejudice; with regard to the remainder of P's claims - the Nap ue and Strickland claims in Claim 1, and all of Claims 2 through 23, of the 282 second amended petition - the denial of the 303 Motion to dismiss is without prejudice. FURTHER ORDERED that P's # 346 Motion for Evidentiary Hearing is DEN IED. FURTHER ORDERED that Rs shall, within 60 days from the entry of this order, file and serve an answer, responding to the merits of the Brady claims in Claim 1 of the second 282 amended habeas petition. FURTHER ORDERED that the further briefin g of the merits of the Brady claims in Claim 1 of P's 282 second amended habeas petition, including the filing and briefing of any ancillary motion for evidentiary hearing or motion for leave to conduct discovery, shall proceed according to the schedule set forth in the # 281 Order entered on November 30, 2011. Signed by Judge Philip M. Pro on 3/24/2014. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
363
ORDER - Petitioner shall serve upon Respondents' counsel copies of the material listed in Exhibit 2 to Homick's 360 Reply within 5 days (due by 12/7/2013). Re the transcripts of the ex parte hearings held on 7/26/2002 and 11/19/2004, su ch service shall be completed within 5 days after Petitioner's counsel receives those transcripts. Petitioner's counsel shall order and pay for their production, and the Clerk shall file them under seal and shall provide copies only to Petitioner's counsel (FPD Michael Pescetta). See order for further details. Signed by Judge Philip M. Pro on 12/02/2013. (Copies have been distributed pursuant to the NEF - KR)
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Filing
349
ORDERED that Petitioner's # 340 Motion for Leave to File Responsive Pleading in Excess of Thirty Pages is GRANTED. The Clerk shall separately file the opposition to Respondents' motion to dismiss. FURTHER ORD that Petitioner's Ex Parte # 344 Motion for Leave to File Unredacted Opposition to State's Motion to Dismiss and Select Accompanying Exhibits Under Seal is GRANTED. The Clerk of the Court shall separately file, under seal, the unredacted opposition to Respond ents' motion to dismiss. (The sealed exhibits have already been separately filed under seal (ECF No. 345 ), so the Clerk need take no further action with respect to those.) FURTHER ORD that Petitioner is granted leave of court to serve u pon Respondents' counsel the sealed unredacted opposition to the motion to dismiss, along with the sealed exhibits, with the stipulation that the Attorney General not disclose the contents of the unredacted opposition or accompanying sealed ex hibits to anyone outside the Attorney General's Office or in any public filing pending further order of this Court. Such service shall be completed within 5 days after the entry of this Order. FURTHER ORD that Respondents may within 15 da ys after the service of the sealed material, file a response setting forth their position concerning the sealing of the unredacted opposition to the motion to dismiss and related exhibits, and the restrictions placed upon Respondents with respec t to their handling of those materials. Homick may reply to that notice within 10 days after it is filed. FURTHER ORD that the time for Respondents to file a reply in support of their motion to dismiss, as well as a response to Homick's # 346 Motion for evidentiary hearing, is extended to November 27, 2013. Signed by Judge Philip M. Pro on 9/25/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
297
ORDERED Rs' # 292 Motion for Compliance with Rule 2 of the Rules Governing Section 2254 Cases, LSR 3-1, and Docket #61 is DENIED. FURTHER ORD Rs' answer/response to 282 Second amended petition is due by 12/9/2012. FURTHER ORD that, in all other respects, the schedule for further proceedings set forth in the # 281 Order entered November 30, 2011 shall remain in effect. Signed by Judge Philip M. Pro on 10/25/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
286
ORDERED that the Declaration of Defendant Michael Dominguez (Doc. #156) filed in this Court on April 13, 2012, in Case Number 2:92-CR-91-PMP-RJJ shall forthwith be filed in Case Number 3:99-CV-299-PMP-WGC. Signed by Judge Philip M. Pro on 4/18/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
281
ORDER. IT IS ORDERED as follows: (1.) Petitioner shall file and serve a second amended petition for a writ of habeas corpus on or before January 20, 2012. (2.) Respondents shall have 60 days following service of the seco nd amended petition to file and serve an answer or other response to the second amended petition. (3.) Petitioner shall have 45 days following service of an answer to file and serve a reply. Respondents shall thereafter have 30 day s following service of reply to file and serve a response to the reply. (4.) Petitioner shall have 30 days following service of any motion to dismiss to file and serve an opposition to the motion. Respondents shall thereafter have 30 days following service of the opposition to file and serve a reply. (5.) Should petitioner wish to move for leave to conduct discovery, petitioner shall follow the scheduling order herein to accomplish such action. Respondents will thereafter follow the scheduling order herein. (6.) Should petitioner wish to request an evidentiary hearing, the petitioner shall follow the scheduling order herein to accomplish such request. Respondents shall then follow the scheduling ord er herein to respond to the request for evidentiary hearing. (7.) The court from time to time, as the need arises, schedule status conferences, and/or require the filing and service of status reports, in order to manage the process of this action. Signed by Judge Philip M. Pro on 11/30/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
278
ORDER: IT IS THEREFORE ORDERED that petitioners Motion to Vacate Stay and Reopen Capital Habeas Corpus Proceeding (docket #276) is GRANTED. The stay of this action is lifted. IT IS FURTHER ORDERED that a t elephonic status conference is set for Wednesday, November 30, 2011, at 10:00 a.m., to hear from counsel with respect to a schedule for further proceedings in this action. No later than Monday, November 28, 2011, counsel shall contact Donna Sherwood, at 702-464- 5426, to make arrangements for their appearances at the telephonicstatus conference.IT IS FURTHER ORDERED that the Clerk of the Court shall substitute Renee Baker for E.K. McDaniel, on the docket, as the respondent warden, and shall update the caption of the action to reflect that change. Signed by Judge Philip M. Pro on 11/15/11. (See Attached PDF for Specifics) (Copies have been distributed pursuant to the NEF - BLG)
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