Calvin v. McDaniels et al
Plaintiff: Ronald O'neal Calvin
Defendant: E.K. McDaniels and Attorney General of the State of Nevada
Case Number: 3:2008cv00033
Filed: January 17, 2008
Court: US District Court for the District of Nevada
Office: Reno Office
County: Washoe
Presiding Judge: Larry R. Hicks
Presiding Judge: Robert A. McQuaid
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
February 8, 2011 Opinion or Order Filing 54 ORDERED that Ps # 49 Motion for the appointment of counsel is DENIED as moot. FURTHER ORD that Ps # 50 Motion for enlargement of time is DENIED. FURTHER ORD that the # 14 Amended Petition for a writ of habeas corpus pursuant to 28 U.S.C. § ; 2254 is DENIED. The clerk shall enter judgment accordingly. FURTHER ORD that a certificate of appealability is GRANTED for the issue whether the court was correct in its ruling that petitioner did not receive ineffective assistance of counsel for failing to challenge Detective Roy Chandlers testimony about whether petitioner was handcuffed. Signed by Judge Larry R. Hicks on 2/5/2011. (Copies have been distributed pursuant to the NEF - DRM)
October 7, 2009 Opinion or Order Filing 45 VACATED PER 48 ORDER JUDGMENT - that Petitioner's 41 Motion to Answer Order in which he asks to dismiss this action while he returns to state court is GRANTED. This action is DISMISSED without prejudice. Signed by Lance S. Wilson on 10/7/2009. (Copies have been distributed pursuant to the NEF - DRM) Modified on 2/1/2010 to denote VACATED(DRM).
July 1, 2009 Opinion or Order Filing 40 ORDER granting in part 19 respondents' Motion to Dismiss. IT IS FURTHER ORDERED that Ground 2 and the claim in Ground 1 of a violation of the Due Process Clause of the Fourteenth Amendment are DISMISSED. IT IS FURTHER ORDERED that Petitione r shall have thirty (30) days from the date of entry of this Order (07/31/2009) to do one of the following: (1) inform this Court in a sworn declaration that he wishes to dismiss Grounds 4 and 5 of his Amended Petition [#14], and proceed only on the remaining ground for relief, or (2) inform this Court in a sworn declaration that he wishes to dismiss his Amended Petition [#14] to return to state court to exhaust his state remedies with respect to the claims set out in Grounds 4 and 5 of his Amen ded Petition [#14]. Failure to comply will result in the dismissal of this action. IT IS FURTHER ORDERED that if Petitioner elects to dismiss the aforementioned grounds of his Amended Petition [#14] and proceed on the remaining ground, Respondents shall file and serve an answer or other response to the remaining grounds within forty-five (45) days after Petitioner serves his declaration dismissing those grounds. If Respondents file and serve an answer, then it shall comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. IT IS FURTHER ORDERED that if Respondents file and serve an answer, then Petitioner shall have forty-five (45) days from the date on which the answer is served to file and serve a reply. Signed by Judge Larry R. Hicks on 6/30/09. (Copies have been distributed pursuant to the NEF - SL)
March 27, 2009 Opinion or Order Filing 37 ORDER granting 36 Petitioner's Motion to Extend Time to respond to 19 Respondents' MOTION to Dismiss petition for writ of habeas corpus. ( Responses due by 4/27/2009.) Signed by Judge Larry R. Hicks on 3/27/09. (Copies have been distributed pursuant to the NEF - SL)
January 29, 2009 Opinion or Order Filing 18 ORDER granting 17 Respondents' Motion to Extend Time to file and serve an answer or other response to 14 Amended Petition for Writ of Habeas Corpus. ( Responses due by 3/6/2009.) Signed by Judge Larry R. Hicks on 1/29/09. (Copies have been distributed pursuant to the NEF - SL)
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Plaintiff: Ronald O'neal Calvin
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Defendant: E.K. McDaniels
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Defendant: Attorney General of the State of Nevada
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