Calvin v. McDaniels et al
Ronald O'neal Calvin |
E.K. McDaniels and Attorney General of the State of Nevada |
3:2008cv00033 |
January 17, 2008 |
US District Court for the District of Nevada |
Reno Office |
Washoe |
Larry R. Hicks |
Robert A. McQuaid |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Available Case Documents
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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) |
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). |
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) |
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) |
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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