Nasby v. McDaniel et al
| Brendon Nasby |
| E. K. McDaniel and Nevada Attorney General |
| 3:2007cv00304 |
| July 5, 2007 |
| US District Court for the District of Nevada |
| Reno Office |
| White Pine |
| Robert A. McQuaid |
| Edward C. Reed |
| 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
223
ORDER granting ECF No. 220 Motion to Extend Time. Petitioner has until May 27, 2022 to file his notice of appeal. Signed by Judge Larry R. Hicks on 5/2/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
218
ORDERED that Petitioner Brendan Nasby's Amended Petition for Writ of Habeas Corpus (ECF No. 176 ) is denied. A certificate of appealability is denied. The Clerk of the Court is directed to substitute Tim Garrett for Respondent E.K. McDaniel, enter judgment accordingly, and close this case. Signed by Judge Larry R. Hicks on 3/30/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
216
ORDER - Petitioner's unopposed first Motion for Extension of Time (ECF No. 215 ) is GRANTED. The stay and administrative closure is extended until 8/23/2021. Signed by Judge Larry R. Hicks on 7/26/2021. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
210
ORDER - The Motions to Withdraw (ECF Nos. 208 and 209 ) are granted, Thomas Qualls is withdrawn as counsel for Petitioner, and substitute counsel shall be appointed for Petitioner. Clerk shall send a copy of this order to Kim Drigger s at the Federal Public Defender, who shall locate substitute counsel for Petitioner (ad hoc service to Kim Driggers on 4/5/2021). Clerk shall send a copy of this order to Petitioner in proper person, Brendan J. Nasby #63618, at the current in mate mail address for Lovelock Correctional Center (electronic service to LCC on 4/5/2021). Clerk is directed to temporarily stay and administratively close this action until such time as the Court orders the action to be reopened. Signed by Judge Larry R. Hicks on 4/5/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
206
ORDER granting ECF No. 205 Motion for Enlargement of Time. Nasby has until December 18, 2020, to file and serve a reply in support of the remaining grounds of the Amended Petition (ECF No. 176 ). No further extensions will be granted. Signed by Judge Larry R. Hicks on 12/2/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
204
ORDER granting ECF No. 203 Motion to Extend Time re ECF No. 176 Amended Petition. Reply due by 12/3/2020. Signed by Judge Larry R. Hicks on 10/15/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
198
ORDER - Respondents' Motion for Enlargement of Time (ECF No. 194 ) is granted in part and denied in part. Respondents have until September 2, 2020, to respond to Nasby's Amended Petition (ECF No. 176 ). Signed by Judge Larry R. Hicks on 8/4/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
192
ORDERED Respondents' unopposed first Motion for Enlargement of Time (ECF No. 191 ) is GRANTED IN PART AND DENIED IN PART. Respondents have until August 7, 2020, to respond to Nasby's Amended Petition (ECF No. 176 ). Signed by Judge Larry R. Hicks on 7/30/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
190
ORDERED: 1. Respondents' Motion to Strike (ECF No. 182 ) is GRANTED IN PART AND DENIED IN PART. 2. Ground 2(D) of Petitioner Brendan Nasby's Amended Petition (ECF No. 176 at 3034) is STRICKEN as time- barred an d unexhausted. 3. Respondents must FILE AN ANSWER to the Amended Petition within 45 days of this order. (7/31/2020) 4. Nasby must FILE A REPLY in support of the Amended Petition within 45 days of service of Respondents' answer. 5. Further extensions of time are not likely to be granted absent compelling circumstances and a strong showing of good cause why the briefing could not be completed within the extended time allowed despite the exercise of due diligence. Signed by Judge Larry R. Hicks on 6/16/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
188
ORDER granting in part and denying in part ECF No. 187 Respondents' third Motion for Enlargement of Time. The deadline for Respondents to file a second amended answer is VACATED pending further order of the Court. Signed by Judge Larry R. Hicks on 12/9/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
183
ORDER GRANTING ECF No. 181 Motion to Extend Time : Second amended answer to the amended petition (ECF No. 176 ) due by 12/5/2019. Amended reply due 30 days from service of second amended answer. Further extensions of time are not l ikely to be granted absent compelling circumstances and a strong showing of good cause whey the briefing could not be completed within the extended time allowed despite the exercise of due diligence. Signed by Judge Larry R. Hicks on 10/22/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
179
ORDER granting ECF No. 178 Motion for Enlargement of Time re ECF No. 176 Amended petition for writ of habeas corpus. Second Amended Answer due by 10/21/2019. Petitioner will have 30 days from service of the second amendedanswer to file an amended reply. Signed by Judge Larry R. Hicks on 8/27/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
175
ORDER granting ECF No. 174 Motion to Extend Time : Amended Petition due by 7/8/2019. Signed by Judge Larry R. Hicks on 6/13/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
173
ORDER giving Petitioner 45 days to file an amended petition. Second amended answer due within 45 days thereafter. Amended reply due within 30 days of answer. Signed by Judge Larry R. Hicks on 4/23/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
169
ORDER granting 167 Motion for Enlargement of Time, giving Petitioner until 4/24/2019 to file a reply to Respondents' opposition to Ppetitioner's request for leave to amend the petition. Signed by Judge Larry R. Hicks on 4/5/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
166
ORDER that Petitioner file a Reply to ECF No. 165 Response. Reply due by 4/4/2019. Signed by Judge Larry R. Hicks on 3/20/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
164
ORDER that respondents shall file a response to petitioner's request to amend the petition by 3/13/2019. Signed by Judge Larry R. Hicks on 2/21/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
131
ORDER granting ECF No. 130 Motion to Extend Time : Respondents shall have until December 18, 2018, to supplement the state court record in compliance with the Court's order of October 17, 2018 (ECF No. 129 ). Signed by Judge Larry R. Hicks on 11/20/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
129
ORDER that respondents file a supplement to the state court record including all available documents that were previously omitted, including but not limited to the documents discussed in order. Supplement due by 11/16/2018. Signed by Judge Larry R. Hicks on 10/17/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
113
ORDER that the Clerk SHALL REOPEN this action; Respondents SHALL FILE THE ENTIRE STATE COURT RECORD and SHALL FILE AN ANSWER to the petition within 45 days; Petitioner SHALL FILE A REPLY to the answer within 45 days after being served with the answer; the parties shall submit only one set of exhibits to avoid duplicity on the docket; all exhibits filed by the parties shall be filed with a separate index of exhibits identifying the exhibits by number or letter; a hard copy (courtesy copy) of all exhibits shall be forwarded, for this case, to the staff attorneys in Reno, Nevada. (See Order for further details and instructions). Signed by Judge Larry R. Hicks on 06/07/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
108
ORDERED that petitioner's motion for relief from judgment (ECF No. 100 ) is DENIED. FURTHER ORDERED that petitioner's motion for an extension of prison copywork limit (ECF No. 101 ) is DENIED. FURTHER ORDERED that petitioner is DENIED a certificate of appealability regarding this order. Signed by Judge Larry R. Hicks on 9/6/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
93
ORDER denying Petitioner's 87 and 92 motions; directing Clerk to send a copy of this order to the USCA Ninth Circuit (NEF sent 6/15/2015). Signed by Judge Larry R. Hicks on 6/12/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
81
ORDER denying the remaining grounds of the federal petition for a writ of habeas corpus; denying a certificate of appealability; directing Clerk to enter judgment accordingly. Case terminated. Signed by Judge Larry R. Hicks on 11/7/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
77
ORDER granting 75 Motion : The clerk is directed to detach and file the Supplemental Exhibits attached to 75 Motion. Signed by Judge Larry R. Hicks on 5/10/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
70
ORDER. IT IS ORDERED that petitioner's motion for extension of time 68 is GRANTED. The reply brief shall be due sixty (60) days after entry of this order. IT IS FURTHER ORDERED that the motion for appointment of counsel 69 is DENIED. (Deadline set in Habeas Corpus case for 8/17/2012. Replies due by 8/17/2012.) Signed by Judge Edward C. Reed, Jr on 6/18/2012. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
62
ORDER GRANTING 61 Motion to Reopen Case. FURTHER ORD Clerk shall REOPEN THIS FILE. FURTHER ORD Rs' answer/response to surviving grounds due by 6/4/2012. Signed by Judge Edward C. Reed, Jr on 4/19/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
57
ORDER GRANTING 56 Motion to the extent that the Order was refiled on May 13, 2011,at ECF No. 55 , as directed by the Court of Appeals. Signed by Judge Edward C. Reed, Jr on 5/24/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
55
ORDER: IT IS ORDERED that, pending remand from the Circuit Court, theMotion for Reconsideration 51 is GRANTED. The Order denying the motion for stay and abeyance 42 is hereby vacated and the Judgment 43 RECALLED. IT IS FURTHER ORDERED that gro und 2(b) is DISMISSED WITH PREJUDICE AS PROCEDURALLY BARRED. IT IS FURTHER ORDERED that this action is STAYED pending exhaustion of the unexhausted claim. Petitioner may move to reopen the matter following exhaustion of grounds 5, 6 and 7of the peti tion. IT IS FURTHER ORDERED that the grant of a stay is conditioned upon petitioner filing a state post-conviction petition or other appropriate proceeding in state court within forty-five (45) days from the entry of this order and returning to fede ral court with a motion to reopen within forty-five (45) days of issuance of the remittitur by the Supreme Court of Nevada at the conclusion of the state court proceedings. IT IS FURTHER ORDERED that the Clerk shall ADMINISTRATIVELY CLOSE this action, until such time as the Court grants a motion to reopen the matter. Signed by Judge Edward C. Reed, Jr on 5/12/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
53
ORDER. IT IS ORDERED that the Clerk shall transmit a copy of this Orderto the Ninth Circuit Court of Appeals in the case number assigned to petitioners appeal (Ack'd emailed to USCA). IT IS FURTHER ORDERED that, pending remand from the Circuit Court, the Motion for Reconsideration 51 is GRANTED. The Order denying the motion for stay and abeyance 42 is hereby vacated and the Judgment 43 RECALLED. IT IS FURTHER ORDERED that ground 2(b) is DISMISSED WITH PREJUDICE AS PROCEDURALLY BARR ED. IT IS FURTHER ORDERED that this action is STAYED pending exhaustion of the unexhausted claim. Petitioner may move to reopen the matter following exhaustion of grounds5, 6 and 7 of the petition. IT IS FURTHER ORDERED that the grant of a stay is conditioned upon petitioner filing a state post-conviction petition or other appropriate proceeding in state court within forty-five (45) days from the entry of this order and returning to federal court with a motion to reopen within forty-five (45) days of issuance of the remittitur by the Supreme Court of Nevada at the conclusion of the state court proceedings. IT IS FURTHER ORDERED that the Clerk shall ADMINISTRATIVELY CLOSE this action, until such time as the Court grants a motion to reopen the matter. Signed by Judge Edward C. Reed, Jr on 4/19/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
43
JUDGMENT. IT IS ORDERED AND ADJUDGED that the 10 petition is DISMISSED WITH PREJUDICE. Signed by Clerk of Court, Lance S. Wilson on 11/18/2010. (Copies have been distributed pursuant to the NEF - KO)
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Filing
42
ORDER. IT IS HEREBY ORDERED that the 41 Motion for Stay and Abeyance is DENIED. The petition is DISMISSED WITH PREJUDICE. No certificate of appealability shall issue. The Clerk shall enter judgment accordingly. Signed by Judge Edward C. Reed, Jr on 11/17/2010. (Copies have been distributed pursuant to the NEF - KO)
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Filing
35
ORDERED that Rs' # 33 motion to dismiss is GRANTED IN PART AND DENIED IN PART. The Court finds that grounds 1, 2(A), and 4 are procedurally defaulted and are DISMISSED WITH PREJUDICE. FURTHER ORD that grounds 2(B), 5, 6, and 7 are unexhausted. FURTHER ORD that P shall inform court by 9/18/2010 re exhaustion, dimisssal or stay and abeyance. FURTHER ORD that if P elects to abandon his unexhausted grounds, Rs shall have 30 days from the date P serves his declaration of abandonment in which t o file an answer to P's remaining grounds for relief. P shall thereafter have 20 days following service of Rs' answer in which to file a reply. FURTHER ORD that if P fails to respond to this order within the time permitted, this case may be dismissed. Signed by Judge Edward C. Reed, Jr on 8/19/2010. (Copies have been distributed pursuant to the NEF - DRM)
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