Bolin v. McDaniel et al
| Gregory D. Bolin |
| E. K. McDaniel and Nevada Attorney General |
| 3:2007cv00481 |
| October 15, 2007 |
| US District Court for the District of Nevada |
| Reno Office |
| Washoe |
| Valerie P. Cooke |
| Howard D. McKibben |
| Death Penalty - Habeas Corpus |
| 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
310
ORDER granting ECF No. 309 Third Stipulation to Extend Time : Petitioner shall file his exhaustion petition on or before June 24, 2022. Further extensions will not be permitted in the absence of extraordinary circumstances. Signed by District Judge Anne R. Traum on 6/7/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
308
ORDER - The parties in this case have stipulated to a 5-day enlargement of time for the Petitioner to file his exhaustion petition in state court. ECF No. 307 . Good cause appearing, the court grants the extension. IT IS THEREFORE ORDERED that Petitioner shall file his exhaustion petition on or before June 6, 2022. Signed by District Judge Anne R. Traum on 6/2/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
305
ORDER - The court grants the Stipulation for extension of time (ECF No. 303 ) : IT IS THEREFORE ORDERED that Petitioner shall file his exhaustion petition on or before June 1, 2022. IT IS FURTHER ORDERED that Petitioner's ex p arte motions requesting, then withdrawing his request for an extension of time (ECF No. 300 / 301 / 302 ) are DENIED as moot. Those motions shall remain under seal. Signed by District Judge Anne R. Traum on 5/17/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
296
ORDER - Due to a substitution of counsel for Bolin (ECF No. 294 ), the deadline for Bolin to file his exhaution petition in state court will be extended. It is therefore ordered that Bolin must file his exhaustion petition in the state court with in 120 days of the date of this order (5/18/2022). It is further ordered that, in all other respects, the stay is governed by the Court's prior order (ECF No. 269 ). Signed by Chief Judge Miranda M. Du on 1/18/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
290
ORDERED that the ex parte hearing set for December 16, 2021 (ECF Nos. 273 , 276 ) is vacated pending resolution of the motion to substitute counsel (ECF No. 284 ). It is further ordered that the Clerk of Court is directed to send a co py of this order, via U.S. mail, to Petitioner Bolin at Ely State Prison. (Mailed to P at ESP on 12/9/2021.) Signed by Chief Judge Miranda M. Du on 12/9/2021. (Copies have been distributed pursuant to the NEF - DRM) Modified on 12/9/2021 for font (DRM).
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Filing
288
ORDERED that Mr. Bolin's current counsel of record, Ms. Yamsuan and Ms. Paul, shall file a response to the motion to substitute (ECF No. 284 ) on or before December 8, 2021.It is further ordered that counsel may file their response under seal, but must serve a copy on Ms. Cantor. Signed by Chief Judge Miranda M. Du on 12/3/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
282
ORDER - ECF No. 281 Notice is a fugitive document. See LR IA 11-6. The Clerk of Court strike from the record the notice of in camera submission (ECF No. 281 ). Signed by Chief Judge Miranda M. Du on 11/30/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
269
ORDER - Bolin's motion to stay (ECF No. 265 ) is granted. This action is stayed while Bolin exhausts in state court his unexhausted claims for habeas corpus relief. Bolin must file his exhaustion petition in the state court within 60 days of the date of this order. On or before December 15, 2021, Bolin must file a status report describing the status of his state-court proceedings. Thereafter, during the stay of this action, Bolin must file such a status report e very six months (on or before June 15, 2022; December 15, 2022; etc.). Within 30 days of the conclusion of Bolin's state court proceedings, Bolin must move to lift the stay. This action will be subject to dismissal upon a motion by the Respondents if Bolin does not comply with the time limits in this order, or if he otherwise fails to proceed with diligence during the stay imposed under this order. Signed by Chief Judge Miranda M. Du on 9/10/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
263
ORDER - Bolin has 60 days from the date this order is entered to file a renewed motion for stay and abeyance (7/20/2021). The Clerk of Court is directed to reopen this case. Signed by Chief Judge Miranda M. Du on 5/21/2021. Case reopened. (Copies have been distributed pursuant to the NEF - SC)
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Filing
227
ORDER denying Petitioner's 138 fourth amended petition; directing Clerk to enter judgment accordingly; granting a Certificate of Appealability with respect to whether this court erred in concluding that Bolin was not enti tled to stay and abeyance under Rhines v. Weber, 544 U.S. 269 (2005), because he failed to show good cause for failing to exhaust his claims in state court; denying 201 motion for evidentiary hearing. Signed by Judge Miranda M. Du on 2/13/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
225
ORDER denying Petitioner's pro se 210 Motion to Dismiss Counsel. Signed by Judge Miranda M. Du on 9/29/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
214
MINUTE ORDER granting petitioner's motion for preparation of transcript 212 .(Copies have been distributed pursuant to the NEF - JRB)
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Filing
186
MINUTE ORDER granting petitioner's pro se motion for the preparation of a transcript of ex parte hearing 184 . (Copies have been distributed pursuant to the NEF - JRB)
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Filing
181
ORDER DENYING Petitioner's 179 pro se motion to dismiss counsel. Counsel shall resume accepting petitioner's phone calls when possible. Signed by Judge Miranda M. Du on 06/10/2013. (Copies have been distributed pursuant to the NEF - KR)
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Filing
176
MINUTE ORDER granting Ex Parte Motion 173 , finding as moot Pro Se Motion for Hearing 172 . Ex Parte Hearing set for June 3, 2013, at 1:30 p.m. (Copies have been distributed pursuant to the NEF - JRB)
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Filing
142
ORDERED that petitioner's # 135 Motion for leave to file a fourth amended petition and his revised # 137 Motion to amend Claim 6 and Claim 10 are GRANTED. FURTHER ORDERED that further proceedings are scheduled as follows: 1. Answer. Respondents shall have 60 days from the date this order is entered within which to file an answer to the # 138 Fourth amended petition for writ of habeas corpus. 2. Reply and Response to Reply. Petitioner shall have 45 days following service o f an answer by respondents to file and serve a reply. Respondents shall thereafter have 30 days following service of a reply to file and serve a response to the reply. 3. Evidentiary Hearing. If petitioner wishes to request an evidentiary hearing , petitioner shall file and serve a motion for an evidentiary hearing concurrently with, but separate from, his reply to respondents' answer. FURTHER ORDERED that petitioner's # 132 Motion to amend Claim 6 and Claim 10 is DENIED as moot. Signed by Judge Miranda M. Du on 1/9/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
119
ORDER that stay is VACATED.FURTHER ORDER counsel for Petitioner shall have 30 days to obtain case files from prior counsel and to confer with petitioner. Counsel shall have 45 days to review record. Respondents shall provide any portion of rec ord not contained in case files or previously filed as exhibit. FURTHER ORDER petitioner shall have 60 days to file Notice of Abandonment, indicating unexhausted claims identified in 90 Order, are to be deleted from second amended petition [49 ]. FURTHER ORDER, if petitioner does not abandon claims, the second amended petition 49 shall be dismissed. Please see attached for specific details. Signed by Judge Miranda M. Du on 7/11/12. (Copies have been distributed pursuant to the NEF - JC)
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Filing
117
ORDERED that David K. Neidert is appointed to represent P; Mr. Neidert shall undertake such representation or indicate to the court his inability to do so by 7/29/2012. FURTHER ORD the Clerk shall serve this order electronically on Mr. Neidert ( d avid.neidert@gmail.com ). ( Ad-hoc CM/ECF service to specified email address performed 7/9/2012; Mr. Neidert provisionally added to docket. ) FURTHER ORD the Clerk shall place a copy of this order for delivery via U.S. mail to Gregory D. Bolin. ( Copy mailed to P at ESP 7/9/2012. ) FURTHER ORD this federal habeas proceeding shall remain stayed pending further orders from this court. Signed by Judge Miranda M. Du on 7/9/2112. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
115
ORDERED that P's # 105 Pro se motion to dismiss counsel is GRANTED. Saor Stetler is relieved as P's counsel. FURTHER ORD that this federal habeas proceeding (including the response to the pending # 108 Order to show cause) is STAYED pend ing appointment of new counsel. FURTHER ORD that P's # 97 Pro se motion for appointment of second counsel is DENIED as moot. Signed by Judge Miranda M. Du on 6/13/2012. ( Copy of Order mailed to pro se P at ESP on 6/13/2012. ) (Copies have been distributed pursuant to the NEF - DRM)
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Filing
102
MINUTE ORDER granting Petitioner's Motion for preparation of transcript 101 . (Copies have been distributed pursuant to the NEF - JRB)
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Filing
90
ORDERED that Rs' # 59 Motion to dismiss is GRANTED in part and DENIED in part. FURTHER ORD that Claims Thirty-two, Thirty-five through Forty-three, Forty-five, and Forty-eight through Fifty-one are DISMISSED for the reasons set forth (herein). FURTHER ORD that P shall have until 10/17/2011 to file a Notice of Abandonment of Unexhausted Claims ( see pdf order for specifics) FURTHER ORD that, if P does not abandon his unexhausted claims within the time allowed, the # 49 Second amended peti tion shall be dismissed. FURTHER ORD that, if P abandons his unexhausted claims within the time allowed, Rs shall have 60 days from the date the Notice of Abandonment is filed within which to file an Answer to the remaining claims in the # 49 Secon d amended petition. FURTHER ORD that Rs' # 88 Motion to substitute party is GRANTED. 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 Judge Roger L. Hunt on 9/27/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
86
ORDER. IT IS ORDERED that P's 81 pro se motion to dismiss counsel is DENIED. Signed by Judge Roger L. Hunt on 8/10/2011. (Copies have been distributed pursuant to the NEF - PM)
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Filing
80
ORDER. IT IS HEREBY ORDERED that 78 "Petitioner's Motion for Reconsideration of Denial of motion to Hold Proceedings in Abeyance" is DENIED. FURTHER ORDERED, petitioner's 79 motion to defer his response to the respondents� 39; 59 motion to dismiss is GRANTED. Petitioner shall file his response to the said motion within thirty (30) days of the date this order is entered. FURTHER ORDERED, the schedule set forth in the 46 scheduling order shall remain in effect. Signed by Judge Roger L. Hunt on 6/14/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
77
ORDER. IT IS ORDERED that petitioners motion for stay and abeyance 71 is DENIED. IT IS FURTHER ORDERED that petitioner shall file his response to respondents' motion to dismiss 59 within thirty (30) days. IT IS FURTHER ORDERED that, in all other respects, the schedule set forth in the scheduling order entered on 5/1/2009 46 , shall remain in effect.(Responses due by 6/5/2011.) Signed by Judge Roger L. Hunt on 5/6/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
58
ORDERED that Rs' # 53 Motion for clarification is GRANTED as follows. Rs answer/response to the # 49 Second Amended Petition is due by 11/6/2010. In all other respects, the schedule set forth in the # 46 Scheduling Order entered on May 1, 2009 shall remain in effect. Signed by Chief Judge Roger L. Hunt on 9/7/2010. (Copies have been distributed pursuant to the NEF - DRM)
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