PAUL L. BROWNING VS JACKIE CRAWFORD, et al.
| 3:2005cv00087 |
| February 11, 2005 |
| US District Court for the District of Nevada |
| Reno Office |
| Robert C. Jones |
| Robert A. McQuaid |
| 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
232
ORDER that the Respondents' Motion for Order Shortening Time ECF No. 231 is GRANTED. Petitioner to respond to ECF No. 230 Motion for Relief from Judgment by 3/15/2019 and Respondents to file Reply by 3/18/2019. Signed by Judge Robert C. Jones on 3/13/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
229
ORDER that the Stipulated Motion to Extend Deadline for Retrial 60 Days ECF No. 228 is GRANTED. The State shall commence jury selection in the petitioners retrial no later than 3/22/2019; Clerk directed to substitute William Gittere for Timothy Filson on the docket as the respondent warden. Signed by Judge Robert C. Jones on 1/14/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
225
ORDER Petitioner' Fifth Amended Petition for a Writ of Habeas Corpus (ECF No. 15 ) is GRANTED with respect to Petitioner's claims of ineffective assistance of counsel and violations of the due process right to disclosure of exculpatory and impeaching evidence, as delineated in the opinion of the Court of Appeals. The Respondents shall release Petitioner from custody on his conviction and sentences for Burglary, Robbery with the Use of a Deadly Weapon, and Murder wi th the Use of a Deadly Weapon, unless the State of Nevada conducts a new trial on these charges untainted by the constitutional violations found therein. IT IS FURTHER ORDERED that Petitioner shall be released from custody on these charges unless, within sixty (60) days of the date of this order, the respondents file in this action a written notice of election to retry petitioner on these charges, and within one hundred eighty (180) days of the date oft his order the State of Ne vada commences jury selection in that retrial. Either party may request from this Court reasonable modification of the time limits set forth in this paragraph. IT IS FURTHER ORDERED that the Clerk of Court shall enter Judgment accordingly. Signed by Judge Robert C. Jones on 7/25/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
195
ORDER denying 179 Motion to Reconsider/Amend Order; denying 181 Motion to Amend/Correct Petition; and denying 190 Motion for Relief. Signed by Judge Robert C. Jones on 1/13/15. (Copies have been distributed pursuant to the NEF - JC)
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Filing
177
ORDER Motions 174 , 175 , and 176 are denied. Petitioner's fifth amended petition 115 is denied. Petitioner is granted a certificate of appealability with respect to the claims outlined in attached order. Clerk shall enter judgment accordingly. Signed by Judge Robert C. Jones on 8/1/14. (Copies have been distributed pursuant to the NEF - JC)
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Filing
172
ORDERED that P's # 163 Motion to Amend or Reconsider Order Regarding Exhaustion is GRANTED IN PART AND DENIED IN PART as specified herein. FURTHER ORD that P's # 168 Motion to Correct Citations to Docket Number 131 (Petitioner's Reply to Respondent's Answer) is GRANTED. The corrections to the reply described in that motion shall be allowed and considered made. FURTHER ORD that P's 169 Motion to Supplement Citations to Docket Number 131 (Petitioner's Re ply to Respondent's Answer) is GRANTED. The supplemental citations to be included in the reply as described in that motion shall be considered included in the reply. FURTHER ORD that P shall have until and including October 11, 2013, to file a notice of abandonment of all his unexhausted claims, or a motion for a stay to allow exhaustion of his unexhausted claims in state court, as described in more detail in the # 162 Order entered April 5, 2013. FURTHER ORD that, if P files a no tice of abandonment of all his unexhausted claims, the case will remain under submission to the court with respect to the merits of Ps remaining exhausted claims. FURTHER ORD that, if P files a motion for a stay to allow exhaustion of his unexh austed claims in state court, Rs shall thereafter have 30 days to file a response to that motion, and P shall thereafter have 20 days to file a reply. FURTHER ORD that, if P does not, within the time allowed, file a notice of abandonment of all hi s unexhausted claims, or a motion for a stay to allow exhaustion of his unexhausted claims in state court, Browning's entire fifth amended habeas petition will be dismissed. Signed by Chief Judge Robert C. Jones on 9/3/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
162
ORDER denying 160 Motion for Oral Argument. Petitioner shall have until 5/17/2013 to file notice of abandonment of unexhausted claims or a motion to stay to allow exhaustion. Please see attached for further details and deadlines. Signed by Chief Judge Robert C. Jones on 4/5/13. (Copies have been distributed pursuant to the NEF - JC)
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Filing
159
ORDER - P's 132 Motion for Summary Judgment is DENIED . FURTHER ORD R's 140 Motion to Strike is DENIED . FURTHER ORD that P's 133 Motion to Expand the Record is DENIED . FURTHER ORD that P's 134 Mo tion for Leave to Conduct Discovery is DENIED . FURTHER ORD that P's 135 Motion for Evidentiary Hearing is DENIED . FURTHER ORD that R's 157 Motion for Extension of Time is GRANTED . FURTHER ORD that P's 156 "Motion to Strike or Supplement Evidentiary Hearing Request" is DENIED . Signed by Chief Judge Robert C. Jones on 1/24/2013. (Copies have been distributed pursuant to the NEF - JK)
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Filing
110
ORDERED that P's # 109 Motion for extension of time is GRANTED. P shall have until and including October 14, 2011, to file and serve a fourth amended petition for writ of habeas corpus. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the # 107 Order entered July 27, 2011 shall remain in effect. 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 in this action, and shall update the caption of the action to reflect this change. Signed by Chief Judge Robert C. Jones on 9/27/2011. (Copies have been distributed pursuant to the NEF - DRM) Modified on 9/29/2011 for spelling (DRM).
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Filing
107
ORDER. IT IS ORDERED: Amended Petition. If necessary, P shall file and serve a Fourth Amended Petition on or before September 30, 2011: (see Order for specifics). Response to Petition. Rs shall have 60 days following se rvice of the 4th Amend Pet to file and serve an answer. If P does not file a 4th, then Rs shall have 60 days following the due date of the 4th, to file and serve an answer to the 3rd amend pet. Reply and Response to Reply. P shall have 45 days to reply to Rs' answer. Rs shall thereafter have 30 days to file and serve a response to the reply. Briefing of Motions to Dismiss. If Rs file a mtn to dismiss, P shall have 30 days following svc of the mtn to file and serve an oppo to the mtn. Rs shall thereafter have 30 days following svc of the oppo to file and serve a reply. Discovery. If P wishes to move for leave to conduct discovery, P shall file and serve such mtn concurrently with, but separate from, the response to Rs mtn to dismiss or the reply to Rs answer: (see Order for specifics). Evidentiary Hearing. If P wishes to request an evidentiary hearing, P shall file and serve a mtn for an evidentiary hearing concurrently with, but separate from, the response to Rs mtn to dismiss or the reply to Rs answer: (see Order for specifics). Status Reports and Status Conferences. The court may from time to time, schedule status conferences, and/or require the filing and service of status reports, in order to manage the progress of this action. Signed by Chief Judge Robert C. Jones on 7/27/2011. (Copies have been distributed pursuant to the NEF - PM) Modified on 7/27/2011 to correct bold type(PM).
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