Friedman v. State Of Nevada et al
| Kenneth Friedman |
| State Of Nevada, Jack Palmer and Attorney General of the State of Nevada |
| 3:2007cv00338 |
| July 31, 2007 |
| US District Court for the District of Nevada |
| Habeas Corpus (General) Office |
| Pershing |
| Valerie P. Cooke |
| Larry R. Hicks |
| None |
| Federal Question |
| 28:1651 Petition for Writ of Habeas Corpus |
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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
339
ORDER denying 328 motion for relief from judgment and denying request for certificate of appealability. (Copy sent via NEF to USCA - 13-16821.) Signed by Judge Larry R. Hicks on 5/2/14. (Copies have been distributed pursuant to the NEF - JC)
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Filing
326
ORDERED that P's motions to expand the record (## 269 & 270 ) are DENIED. P's motion for discovery (# 271 ) is DENIED. P's additional motions to expand the record (## 290 , 291 , 300 , 305 , 310 , 311 & 318 ) are DEN IED. P's motions for the issuance of subpoenas (## 293 , 298 , 299 ) are DENIED. FURTHER ORD that P's motions at ##. 275 , 284 , 289 , 321 , 292 , 309 , 211 , 307 , 308 , and 323 are DENIED. FURTHER ORD that the #[139 ] Third amended petition for a writ of habeas corpus and the # 166 supplemental petition are DENIED IN THEIR ENTIRETY. FURTHER ORD that petitioner is DENIED A CERTIFICATE OF APPEALABILITY. FURTHER ORD that the Clerk SHALL ENTER JUDGMENT ACCORDINGLY. Signed by Judge Larry R. Hicks on 8/19/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
268
ORDERED that the clerk shall TERMINATE ECF Nos. 237 , 239 , and 248 and REFILE them as pending motions filed as of the date of entry of this order. Rs and P shall file oppositions and replies in conformance with this order and Local Rule 7-2. FUR THER ORD P's # 259 Motion for reconsideration is DENIED. FURTHER ORD that the clerk shall SEND petitioner a copy of exhibits 84, 85, and 86 to the third amended petition. FURTHER ORD that P's # 260 Motion to use correct address and # 264 Motion for clarification for access to photocopies and law library are GRANTED as described above. The court hereby certifies that P has an active habeas corpus case before this court. FURTHER ORD that the unexhausted claims in the petition, as det ermined by the court in its July 30, 2012, order are HEREBY ABANDONED. FURTHER ORD that Rs' answer to petition due 10/11/2012. FURTHER ORD that P shall have 45 days after service of the answer to file and serve a reply Signed by Judge Larry R. Hicks on 8/27/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
266
ORDERED that P's # 241 Motion for further briefing and # 238 Motion for discovery regarding exhaustion and procedural default are DENIED. FURTHER ORD Rs' # 220 Motion to dismiss is GRANTED in part, and DENIED in part, as specified herein (see pdf order for specifics). FURTHER ORD P's sworn declaration re abandonment/dismissal re unexhausted claims, or motion for stay and abeyance is due by 8/29/2012. FURTHER ORD if P elects to abandon, the Rs answer due 30 days from service of declaration of abandonment. FURTHER ORD P's reply due 30 days following service of Rs' answer. FURTHER ORD if P fails to respond to this order timely, this case may be dismissed. Signed by Judge Larry R. Hicks on 7/27/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
258
ORDER: 223 Motion to Strike, 225 Motion for Order, 240 Motion for Timely Service, and 253 Motion for Sanctions are DENIED. 235 Motion to Withdraw is GRANTED. 227 Motion for Deposition is WITHDRAWN. Signed by Judge Larry R. Hicks on 5/23/12. Please see attached order for further details. (Copies have been distributed pursuant to the NEF - JC)
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Filing
231
ORDERED that P's # 179 Motion for judicial notice is GRANTED in part and DENIED in part. FURTHER ORD that P's # 187 Motion for reconsideration is DENIED. FURTHER ORD that P's # 193 Motion for order that Rs address proof of exhaustio n is DENIED. FURTHER ORD that P's # 203 Motion to compel cooperation is DENIED as moot. FURTHER ORD that Rs' # 202 Motion to strike is DENIED as moot. FURTHER ORD that P's ## 206 , 213 Motions to proceed IFP are DENIED as moot. FU RTHER ORD that P's # 215 Motion for clerk to use correct address is GRANTED. The clerk SHALL modify the docket to reflect Ps correct address: High Desert State Prison, P.O. Box 650, Indian Springs, NV 89070-0650. FURTHER ORD that P's #[216 ] Motion for leave to file discovery motions and motions to expand the record is GRANTED. FURTHER ORD that P's # 218 Motion for adequate law library access is DENIED. FURTHER ORD that P's # 219 motion for extension of time is DENIED as moot. Signed by Judge Larry R. Hicks on 12/27/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
198
ORDERED that P's # 194 Request for a subpoena form is GRANTED. The clerk is instructed to send petitioner one subpoena form. ( Clerk issued blank deposition subpoena form AO-88A and mailed to P 8/25/2011 with copy of instant Order. ) Signed by Judge Larry R. Hicks on 8/25/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
191
ORDER. IT IS HEREBY ORDERED that respondents' 185 is GRANTED. Respondents shall file their motion to dismiss within sixty (60) days of the date of this order. FURTHER ORDERED, petitioner's 190 motion for sanctions is DENIED. FURTHER ORDERED, petitioner's 186 motion for the appointment of counsel is DENIED. FURTHER ORDERED, petitioner's 176 request to depose Thomas M. Kerr is GRANTED with the limitations and specifications provided in this order. FURTHER ORDERED, the clerk SHALL SERVE this order on the Clark County District Attorney's Office, Criminal Division. (Sent: 7/20/2011.). Signed by Judge Larry R. Hicks on 7/20/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
183
ORDER DENYING 170 Motion for return of seized property. Signed by Judge Larry R. Hicks on 6/28/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
172
ORDER. IT IS HEREBY ORDERED that petitioner's 167 motion for the appointment of counsel is DENIED. FURTHER ORDERED, petitioner's 169 motion for leave to file a supplement to the 139 third amended petition is GRANTED. T he clerk shall detach the supplement and docket it separately. FURTHER ORDERED, respondents' 155 and 163 motions to dismiss are DENIED. FURTHER ORDERED, petitioner's 168 notice of newly discovered evidence is HEREBY STRICKEN. FURTHER ORDERED, respondents shall file an answer addressing the merits of the Third Amended Petition and the Supplement to the Third Amended Petition within sixty days of the date of service of this order. The court wil l not entertain any further motions to dismiss. Petitioner shall file a reply within twenty days from the date of service of respondents' response. The court is not inclined to grant any motions for extensions of time absent a showing of extraordinary circumstances. Signed by Judge Larry R. Hicks on 5/12/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
165
ORDER. IT IS HEREBY ORDERED that the 161 motion to withdraw as counsel of record shall be granted. FURTHER ORDERED, the 164 motion to stay the litigation shall be denied as moot. Petitioner shall be directed to file his response to the 163 Renewed Motion to Dismiss within thirty days of entry of this order. Signed by Judge Larry R. Hicks on 2/5/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
132
ORDER that counsel for petitioner SHALL contact petitioner as soon as reasonably possible to: (a) review the procedures applicable under 28 U.S.C. §2254; (b) discuss and explore with petitioner, as fully as possible, the potential grounds for h abeas corpus relief in petitioners case; and (c) advise petitioner that all possible grounds for habeas corpus relief must be raised at this time in this case, and that the failure to do so will likely result in the omitted grounds being barred from future review under the rules regarding abuse of the writ. IT IS FURTHER ORDERED that counsel for respondents SHALL make available to counsel for petitioner (photocopying costs at the latters expense), as soon as reasonably possible, a copy of whate ver portions of the state court record they possess regarding the judgment petitioner is challenging herein. IT IS FURTHER ORDERED that counsel for petitioner SHALL FILE AND SERVE a Third Amended Petition for Writ of Habeas Corpus within ninety (90) days of the entry of this Order. The Third Amended Petition shall include all known grounds for relief (both exhausted and unexhausted). Respondents shall have forty-five (45) days after service of the Third Amended Petition within which to answer , or otherwise respond to the same. If an answer is filed, petitioner shall have forty-five (45) days from the date of service of the answer to file a reply. ( Amended Petition due by 6/3/2010.) Signed by Judge Larry R. Hicks on 3/4/2010. (Copies have been distributed pursuant to the NEF - SL)
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Filing
114
ORDER RE SHOW CAUSE why Respondents should not be sanctioned for failure to comply with court's order of 08/07/2009 103 . ( Show Cause Response due by 10/30/2009.) See order re specifics. Signed by Judge Larry R. Hicks on 10/15/09. (Copies have been distributed pursuant to the NEF - SL)
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