Peter Quinn Elvik VS Don Bunce, et al.
Case Number: 3:2004cv00471
Filed: August 31, 2004
Court: US District Court for the District of Nevada
Office: Habeas Corpus (General) Office
Presiding Judge: Robert C. Jones
Presiding Judge: Robert A. McQuaid
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Petition for Writ of Habeas Corpus (State)
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Date Filed Document Text
November 3, 2021 Opinion or Order Filing 162 ORDER - Respondents' Motion for Relief from Judgment (ECF No. 157 ) is GRANTED IN PART AND DENIED IN PART to the extent that Petitioner is ultimately arrested and makes his initial appearance before the state court pursuant to the benc h warrant, the State will be required to file a written notice of election to retry Petitioner within 45 days and thereafter commence jury selection in the re-trial within 120 days following the filing of the notice of election to retry Petitioner. Clerk is directed to send a copy of this order both to the District Attorney of Carson City and to the Clerk of Court for the First Judicial District Court of the State of Nevada, in connection the court's case no. 95-10799C (Certified copies mailed to DA and Clerk of Court on 11/4/2021). Signed by Judge Gloria M. Navarro on 11/3/2021. (Copies have been distributed pursuant to the NEF - SMR) Modified on 11/4/2021 to denote certified copies of Order were mailed to DA and Clerk of Court on 11/4/2021 (SMR).
May 19, 2021 Opinion or Order Filing 159 ORDER granting ECF No. 158 Motion to Extend Time. Petitioner has until May 19, 2021, to respond to Respondent's Motion for Relief from Judgment (ECF No. 157 ). Signed by Judge Gloria M. Navarro on 5/19/2021. (Copies have been distributed pursuant to the NEF - AB)
October 1, 2020 Opinion or Order Filing 155 ORDER - Respondents' Motion for Relief from Judgment (ECF No. 154 ) is GRANTED. The prior Orders (ECF Nos. 100 , 140 , 142 , 144 , 146 , 149 , 151 , 153 ) and Judgment (ECF No. 101 ) are hereby MODIFIED to extend the time for the State to initiate a retrial of Petitioner to April 28, 2021. Clerk shall send a copy of this order both to the District Attorney of Carson City and to the Clerk of Court for the First Judicial District Court of the State of Nevada, in connection with State of Nevada v. Peter Quinn Elvik, Case No. 95-CR-01799 1B in that Court (Certified copies mailed to DA and First Judicial District on 10/1/2020). Signed by Judge Gloria M. Navarro on 10/1/2020. (Copies have been distributed pursuant to the NEF - AB)
May 27, 2020 Opinion or Order Filing 153 ORDER - Respondents' Motion for Relief from Judgment (ECF No. 152 ) is GRANTED. The prior Orders (ECF Nos. 100 , 140 , 142 , 144 , 146 , 149 , 151 ) and Judgment (ECF No. 101 ) are hereby MODIFIED to extend the time for th e State to initiate a retrial of Petitioner from May 27, 2020 to September 24, 2020.Clerk shall send a copy of this Order both to the District Attorney of Carson City and to the Clerk of Court for the First Judicial District Court of the St ate of Nevada, in connection with State of Nevada v. Peter Quinn Elvik, Case No. 95-CR-01799 1B in that Court (Copies mailed on 5/28/2020). Signed by Judge Gloria M. Navarro on 5/27/2020. (Copies have been distributed pursuant to the NEF - AB)
August 29, 2019 Opinion or Order Filing 149 ORDER granting ECF No. 147 Respondents' unopposed motion for relief from judgment ECF No. 101 ; the court's prior orders ECF Nos. 100 , 140 , 142 , 144 and 146 and judgment ECF No. 101 are MODIFIED to extend the time for the State to initiate a retrial of petitioner from 8/26/2019, to 1/28/2020; Clerk directed to send a copy of this order to DA of Carson City and the Court Clerk for First Judicial District Court (Mailed on 8/30/2019). Signed by Chief Judge Gloria M. Navarro on 8/29/2019. (Copies have been distributed pursuant to the NEF - LH)
February 20, 2019 Opinion or Order Filing 146 ORDER granting ECF No. 145 Respondents' unopposed motion for relief from judgment ECF No. 101 ; The court's prior orders ECF Nos. 100 , 140 , 142 and 144 and judgment ECF No. 101 are MODIFIED to extend the time f or the State to initiate a retrial of petitioner Peter Quinn Elvik from 2/26/2019, to 8/26/2019; Clerk directed to send a copy of order to DA of Carson City and Court Clerk, First Judicial District Court (mailed on 2/22/2019) Signed by Chief Judge Gloria M. Navarro on 2/20/2019. (Copies have been distributed pursuant to the NEF - KW)
July 23, 2018 Opinion or Order Filing 144 ORDER that respondents' Unopposed Motion ECF No. ]143] for relief from judgment is GRANTED and the Court's prior orders ECF Nos. 100 , 140 & 142 and judgment ECF No. 101 hereby are MODIFIED; State to initiate a retrial of petitioner from 07/31/2018 to 02/26/2019; Clerk directed to send a copy of order to District Attorney of Carson City and Clerk of the First Judicial District Court of Nevada, Case No. 95CR01799 1B (mailed on 07/24/2018) Signed by Chief Judge Gloria M. Navarro on 7/23/2018. (Copies have been distributed pursuant to the NEF - KW)
January 25, 2017 Opinion or Order Filing 140 ORDER that 139 Motion for an Extension of 180 days, to and including 9/26/17, in which to Commence Jury Selection in the Re-Trial is GRANTED. Signed by Chief Judge Gloria M. Navarro on 1/25/17. (Copies have been distributed pursuant to the NEF - MMM)
June 19, 2014 Opinion or Order Filing 115 ORDERED that petitioner's # 105 Motion for release pending resolution on appeal is DENIED. FURTHER ORDERED that petitioner's custody status, as set forth in this Court's initial custody determination, found at ECF No. 100 , at pp. 44-45, REMAINS IN FULL EFFECT. Signed by Chief Judge Gloria M. Navarro on 6/19/2014. (Copies have been distributed pursuant to the NEF - DRM)
December 5, 2013 Opinion or Order Filing 101 JUDGMENT is entered in favor of petitioner and against respondents, CONDITIONALLY GRANTING the # 42 Second Amended Petition for Habeas Corpus with respect to Ground Eight. Signed by Clerk of Court, Lance S. Wilson on 12/5/2013. (Copies have been distributed pursuant to the NEF - DRM)
March 8, 2011 Opinion or Order Filing 90 ORDER GRANTING 86 Motion to dismiss unexhausted grounds. FUTHER ORD GRANTING 89 Motion to Extend Time : Rs' answer to remaining grounds of the 42 second amended petition due by 4/21/2011. FURTHER ORD P's reply due 30 days after service of answer. Signed by Judge Gloria M. Navarro on 3/8/2011. (Copies have been distributed pursuant to the NEF - DRM)
January 4, 2011 Opinion or Order Filing 84 ORDER. IT IS ORDERED that respondents' 75 Motion to Dismiss the second amended petition is GRANTED IN PART AND DENIED IN PART , as follows: Gound 2 is exhausted; Gounds 3 and 4 are unexhausted; the motion to dismiss Ground 4 as proced urally barred in DENIED; and, Gounds 3, 6, and 8 state cognizable federal habeas corpus claims and the motion to dismiss these grounds is DENIED. FURTHER ORDERED that petitioner shall have thirty (30) days to either: (1) inform this Court in a sworn declaration that he wishes to formally and forever abandon the unexhausted grounds for relief in his federal habeas petition and proceed on the exhausted grounds; OR (2) inform the Court in a sworn declaration that he wishes to dismiss this petition without prejudice in order to return to state court; OR (3) file a motion for a stay and abeyance. FURTHER ORDERED that if petitioner elects to abandon his unexhausted grounds, respondents shall have thirty (30) days in which to file an answer to p etitioner's remaining grounds. FURTHER ORDERED that petitioner shall have thirty (30) days from service of answer in which to file a reply. FURTHER ORDERED that if petitioner fails to respond to this order, this case may be dismissed.(Notice of Compliance is due by 2/3/2011) Signed by Judge Gloria M. Navarro on 1/4/2011. (Copies have been distributed pursuant to the NEF - MLC)
October 27, 2009 Opinion or Order Filing 70 ORDER. IT IS ORDERED that respondents SHALL FILE AN ANSWER addressing the merits of all claims in the 42 second amended petition within thirty (30) days from the date of entry of this order. FURTHER ORDERED that petitioner's reply to the answer is due within thirty (30) days from the date of being served with the answer. Signed by Judge Robert C. Jones on 10/26/09. (Copies have been distributed pursuant to the NEF - MLC)
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