Bynoe v. Helling et al
| Michael Bruce Bynoe |
| Helling and Attorney General of the State of Nevada |
| 3:2007cv00009 |
| April 3, 2007 |
| US District Court for the District of Nevada |
| Reno Office |
| Washoe |
| Valerie P. Cooke |
| Larry R. Hicks |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
165
ORDER granting 163 Motion to Extend Time nunc pro tunc : Responses to ECF Nos. 160 , 161 Motions due by 5/27/2024. Signed by District Judge Anne R. Traum on 5/20/2024. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
159
ORDER - It is ordered that Petitioner's motion for extension of time ECF No. 158 is GRANTED nunc pro tunc. The deadline to file the supplemental brief is extended to April 29, 2024. Signed by District Judge Anne R. Traum on 4/17/2024. (Copies have been distributed pursuant to the NEF - GA)
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Filing
157
ORDER - IT IS ORDERED that Petitioner's unopposed motion for extension of time to file supplemental briefing (ECF No. 156 ) is GRANTED nunc pro tunc. The deadline is extended to March 29, 2024. Signed by District Judge Anne R. Traum on 11/30/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
154
ORDER - It is therefore ordered that Respondents' motion to dismiss (ECF No. 114 )is granted in part as follows: Grounds 2, 3, and 4 are DISMISSED as noncognizable in federal habeas corpus. A decision on whether ground 1 is untimely and/or procedurally defaulted is deferred as set forth in this order. It is further ordered that Petitioner's motion for evidentiary hearing (ECF No. 121 ) is DENIED without prejudice.It is further ordered that Petiti oner's motion to seal documents (ECF No. 136 ) is GRANTED. The Clerk of Court is directed to seal the exhibits listed at ECF No. 137-1. It is further ordered that Petitioner has 60 days from the date of this order to file supp lemental briefing as directed by the Court in section II of this order. Supplemental briefing due 11/28/2023.It is further ordered that Respondents have 45 days from the date that Petitioner files his briefing to file a response. Signed by District Judge Anne R. Traum on 9/29/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
148
ORDER - IT IS ORDERED that respondents' seventh motion for extension of time to file a reply in support of their motion to dismiss (ECF No. 146 ) is GRANTED nunc pro tunc. Signed by Judge Larry R. Hicks on 7/17/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
145
ORDER - IT IS ORDERED that respondents' sixth motion for extension of time to file a reply in support of their motion to dismiss (ECF No. 142 ) is GRANTED nunc pro tunc. The deadline to reply is extended to July 12, 2023. Signed by Judge Larry R. Hicks on 7/6/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
143
ORDER - IT IS ORDERED that respondents' unopposed fifth motion for extension of time to file a reply in support of their motion to dismiss (ECF No. 142 ) is GRANTED nunc pro tunc. The deadline to reply is extended to July 5, 2023. Signed by Judge Larry R. Hicks on 6/22/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
141
ORDERED that respondents' unopposed fourth motion (ECF No. 140 ) for extension of time to file a reply in support of their motion to dismiss is GRANTED nunc pro tunc. The deadline to reply re ECF No. 114 Motion to dismiss is extended to June 21, 2023. Signed by Judge Larry R. Hicks on 6/2/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
139
ORDER - Respondents' motion for extension of time to file reply in support of their motion to dismiss (ECF No. 138 ) is GRANTED nunc pro tunc. The deadline to file reply re ECF No. 114 Motion to dismiss is extended to May 31, 2023. Signed by Judge Larry R. Hicks on 5/22/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
133
ORDERED that respondents unopposed fourth motion for extension of time to file a response to the motion for evidentiary hearing (ECF No. 132 ) is GRANTED nunc pro tunc. The deadline to respond to ECF No. 121 Motion is extended to April 3, 2023. IT IS FURTHER ORDERED that respondents unopposed second motion for extension of time to file a reply in support of their motion to dismiss (ECF No. 130) is GRANTED. The deadline to reply re ECF No. 114 Motion is extended to May 1, 2023. Signed by Judge Larry R. Hicks on 4/3/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
131
ORDER Granting Extension of Time to File Response to Motion for Evidentiary Hearing to March 31, 2023 (ECF No. 129 ) - IT IS ORDERED that respondents' unopposed third motion for extension of time to file a response to the motion for evidentiar y hearing (ECF No. 129 ) is GRANTED nunc pro tunc. The deadline to respond is extended to March 31, 2023. (Response due by 3/31/2023 as to ECF No. 121 Motion.) Signed by Judge Larry R. Hicks on 3/30/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
128
ORDER Granting Extension of Time to File Response to Motion for Evidentiary Hearing to March 28, 2023 (ECF No. 127 ) - IT IS ORDERED that respondents' unopposed second motion for extension of time to file a response to the motion for evidentiary hearing (ECF No. 127 ) is GRANTEDnunc pro tunc.The deadline to respond is extended to March 28, 2023 as to ECF No. 121 Motion (3/28/2023). Signed by Judge Larry R. Hicks on 3/16/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
126
ORDER - Respondents' unopposed first motion for extension of time to file a response (ECF No. 125 ) to the motion for evidentiary hearing (ECF No. 121 ) is GRANTED nunc pro tunc. The deadline to respond is extended to March 14, 2023. Signed by Judge Larry R. Hicks on 2/22/2023. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
118
ORDERED that petitioner's first motion for extension of time to oppose the motion to dismiss (ECF No. 116 ) is GRANTED nunc pro tunc. IT IS FURTHER ORDERED that petitioner's second unopposed motion for extension of t ime to oppose the motion to dismiss (ECF No. 117 ) is GRANTED. The deadline to file the opposition (to ECF No. 114 Motion to Dismiss) is extended to January 23, 2023. Signed by Judge Larry R. Hicks on 12/21/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
115
ORDER - IT IS ORDERED that respondents' motion to waive compliance with Local Rule for Special Proceedings and Appeals LSR 3-3 (ECF No. 113 ) is GRANTED. IT IS FURTHER ORDERED that respondents' fourth and fifth motions for extension of time to respond to the second-amended petition (ECF Nos. 105 and 106 ) are both GRANTED nunc pro tunc. Signed by Judge Larry R. Hicks on 11/3/2022. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
104
ORDER granting ECF No. 103 Motion to Extend Time : Answer/response to ECF No. 98 Second Amended Peititon due by 8/17/2022. Signed by Judge Larry R. Hicks on 8/9/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
102
ORDER granting ECF No. 101 Motion to Extend Time (second request). Responses to the Second Amended Petition (ECF No. 98 ) due 7/18/2022. Signed by Judge Larry R. Hicks on 6/23/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
100
ORDER granting ECF No. 99 Motion to Extend Time. Responses to the Second Amended Petition (ECf No. 98 ) due 6/17/2022. Signed by Judge Larry R. Hicks on 5/12/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
97
ORDERED that petitioner's motion to withdraw motion for stay ECF No. 94 ) is GRANTED. The motion to stay case (ECF No. 83 ) is withdrawn. Petitioner's motion for leave to file a second amended petition (ECF No. 87) is GRAN TED. Clerk of Court shall detach and file the second amended petition at ECF No. 87 -1. Respondents have 60 days from the date of this order (4/17/2022) to file a response to the second-amended petition. Petitioner has 45 days from t he date of respondents' response to file a response/opposition. Petitioner's first and second motions for extension of time to file a motion to stay (ECF Nos. 81 , 82 ) are both DENIED as moot. Petitioner's motion for l eave to file certain exhibits under seal (ECF No. 86 ) is GRANTED. Respondents' first and second motion for extension of time to file a response to the motion to stay (ECF Nos. 89 , 90 ) are both DENIED as moot. Signed by Judge Larry R. Hicks on 2/16/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
79
ORDERED that petitioner has 30 days (5/19/2021) from the date of this order to file a motion for stay, if any. Respondents may file a response and petitioner may reply as per the normal briefing schedule under the local rules. IT IS FURTHER ORDERED that if petitioner fails to respond to this order the petition may be dismissed. Signed by Judge Larry R. Hicks on 4/19/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
69
ORDER DENYING ECF No. 67 Motion for Certificate of Appealability re ECF No. 66 Notice of Appeal. (E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit.) (USCA Case No. 17-17012.) Signed by Judge Larry R. Hicks on 10/13/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
65
ORDER that petitioner's motion for relief from final judgment and to reopen the case ECF No. 52 is DENIED; respondents' motion to extend time to file aresponse to the supplemental authority ECF No. 63 is GRANTED nunc pro tunc. Signed by Judge Larry R. Hicks on 09/01/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
61
ORDER granting ECF No. 59 Motion for Leave to File, directing Clerk to detach and file ECF No. 59 -1 Notice of Supplemental Authority; giving Respondents 30 days to file response to the notice; granting nunc pro tunc ECF No. 55 Motion to Extend Time. Signed by Judge Larry R. Hicks on 4/25/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing
46
ORDER denying 44 petitioner's Motion for Certificate of Appealability. See order re specifics. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. Signed by Judge Larry R. Hicks on 10/29/09. (Copies have been distributed pursuant to the NEF - SL)
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Filing
41
ORDER denying 30 Motion to Stay; denying 38 Motion to file supplemental authority; petition dismissed w/o prej; clerk to entr jdgmt. Case terminated. Signed by Judge Larry R. Hicks on 09/22/09. (Copies have been distributed pursuant to the NEF - LG)
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Filing
36
ORDER granting 35 Petitioner's Motion to Extend Time to reply to 30 MOTION FOR ISSUANCE OF STAY AND ABEYANCE ORDER UNDER RHINES V. WEBER. ( Reply due by 7/21/2009.) Signed by Judge Larry R. Hicks on 7/17/09. (Copies have been distributed pursuant to the NEF - SL)
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Filing
32
ORDER granting 31 petitioner's Motion to treat 30 petitioner's MOTION to Stay MOTION FOR ISSUANCE OF STAY AND ABEYANCE ORDER UNDER RHINES V. WEBER as timely filed. Signed by Judge Larry R. Hicks on 6/22/09. (Copies have been distributed pursuant to the NEF - SL)
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Filing
29
ORDER re 28 Petitioner's Response to 24 Order to Show Cause. IT IS ORDERED that the petition, as amended, will be dismissed w/o prej for lack of exhaustion unless, w/i 30 days of entry of this order, petitioner files an unequivocal stipula tion as described on pages 2 to 3 of this order or seeks other appropriate relief consistent w/the holding herein. Petitioner shall file a declaration that he authorizes the stipulation made or relief sought w/i 10 days of the filing by counsel. Re spondents may elect to respond w/i 30 days of service, & petitioner may reply w/i 20 days of service. See order re specifics. ( Notice of Compliance is due by 6/12/2009.) Signed by Judge Larry R. Hicks on 5/11/09. (Copies have been distributed pursuant to the NEF - SL)
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