Mariscal v. Skolnik et al
Defendant: Catherine Cortez Masto, Howard Skolnik and William Donat
Petitioner: David Mariscal
Case Number: 3:2007cv00296
Filed: June 29, 2007
Court: US District Court for the District of Nevada
Office: Reno Office
County: Carson City
Presiding Judge:
Presiding Judge: Valerie P. Cooke
Presiding Judge: Larry R. Hicks
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
September 24, 2009 Opinion or Order Filing 45 ORDER denying 38 Motion to Appoint Counsel. ; granting in part and denying in part 42 , 43 Motion to Stay and Motion for Leave to File. P shall have to 10/26/09 to file traverse. Signed by Judge Larry R. Hicks on 09/24/09. (Copies have been distributed pursuant to the NEF - LG)
May 20, 2009 Opinion or Order Filing 37 ORDER granting 36 petitioner's Motion to Extend Time; granting in part and denying in part 19 respondents' Motion to Dismiss. The court finds that grounds two (1), two (4), three, four, five, six and seven are unexhausted. IT IS FURT HER ORDERED that, no later than 6/12/2009, petitioner shall do one of the following: (1) file and serve a Notice of Abandonment of Claims, stating that he wishes to abandon the unexhausted grounds, and proceed only on the exhausted grounds; or (2) fi le and serve a motion for stay, requesting a stay of this action and attempting to make the required showing for such a stay, pursuant to Rhines v Weber, 544 U.S. 269 (2005) so that he may return to state court and exhaust his unexhausted claims. IT IS FURTHER ORDERED that if petitioner files & serves a motion for stay, respondents shall have 30 days to respond to such motion and petitioner shall thereafter have 30 days to reply. IT IS FURTHER ORDERED that if petitioner files & serves a notice of abanadonment of claims, abandoning grounds two (1), two (4), three, four, five, six, and seven, respondents shall have 30 days to file an answer responding to grounds one, two (2), two (3), two (5) and two (6) and petitioner shall thereafter have 30 days to file a reply. ( Notice of Compliance is due by 6/12/2009.) Signed by Judge Larry R. Hicks on 5/19/09. (Copies have been distributed pursuant to the NEF - SL)
January 29, 2009 Opinion or Order Filing 35 ORDER granting 33 Petitioner's Motion to Extend Time to file an opposition to 19 Respondents' MOTION to Dismiss. ( Responses due by 4/17/2009.) 4/17/2009.) Signed by Judge Larry R. Hicks on 1/29/09. (Copies have been distributed pursuant to the NEF - SL)
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Defendant: Catherine Cortez Masto
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Defendant: Howard Skolnik
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Defendant: William Donat
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Petitioner: David Mariscal
Represented By: Patricia M Erickson
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