ROBERT YBARRA, JR. V. RENEE BAKER, ET AL.
Petitioner: ROBERT JR. YBARRA
Respondent: Renee Baker
Case Number: 3:2000cv00233
Filed: November 15, 2012
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Valerie P. Cooke
Presiding Judge: Gloria M. Navarro
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)

Available Case Documents

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Date Filed Document Text
September 23, 2020 Opinion or Order Filing 320 ORDER denying with prejudice Petitioner's ECF No. 176 Motion for Relief Under Rule 60(b); granting a certificate of appealability as to whether this Court erred in deferring to the state court's finding that Petitioner is not intellectually disabled as contemplated by Atkins v. Virginia and its progeny. Signed by Judge Gloria M. Navarro on 9/23/2020. (Copies have been distributed pursuant to the NEF - KR)
November 21, 2017 Opinion or Order Filing 293 ORDER that petitioner to file and serve a brief by 1/21/2018 setting forth his position addressed on the remand of this case form the court of appeals; respondents to have 60 days to file and serve a responsive brief; petitioner shall have 30 days to file a reply. Signed by Chief Judge Gloria M. Navarro on 11/21/2017. (Copies have been distributed pursuant to the NEF - KW)
March 20, 2017 Opinion or Order Filing 279 ORDER that Petitioner's Motion for Relief from Judgment Pursuant to Rule 60(b) ECF No. 271 is DENIED; a certificate of appealability is DENIED with respect to this decision; Petitioner's Motion for Extension of Time ECF No. 277 is GRANTED nunc pro tunc. Signed by Chief Judge Gloria M. Navarro on 03/17/2017. (Copies have been distributed pursuant to the NEF - KW)
September 29, 2014 Opinion or Order Filing 252 ORDER granting in part and denying in part 229 motion to alter or amend judgment. Petitioner's motion is granted with respect to the court's decision to deny a COA. In all other aspects, the motion is denied. The court grants a COA as to whether this court erred in deferring under 28 U.S.C. § 2254(d), to the state court's finding that petitioner is not intellectually disabled as contemplated by Atkins v. Virginia, 536 U.S. 304 (2002). Motion for leave to file excess pages 242 is granted nunc pro tunc. Signed by Chief Judge Gloria M. Navarro on 9/29/14. (Copies have been distributed pursuant to the NEF - JC)
October 8, 2013 Opinion or Order Filing 228 ORDER denying without prejudice 176 MOTION from Judgment and Order (Fed. R. Civ. Pro. 60(b), 62.1) re 108 Order. To the extent 28 U.S.C. § 2253 applies to petitioner's motion, a Certificate of Appealability is DENIED. Signed by Judge Gloria M. Navarro on 10/8/13. (Copies have been distributed pursuant to the NEF - JC)
November 15, 2012 Opinion or Order Filing 195 ORDER ON 176 Motion for relief is DENIED without prejudice pending submission of add'l briefing. FURTHER ORD P shall have until 12/5/2012 to file points and authorities on the two issues identified above. Rs shall then have (20) days to file a response. P shall thereafter have (10) days to file a reply. Signed by Judge Gloria M. Navarro on 11/15/12. (Copies have been distributed pursuant to the NEF - JK)
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Respondent: Renee Baker
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Petitioner: ROBERT JR. YBARRA
Represented By: Michael Pescetta
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