Binford v. Palmer et al
| Robert Binford |
| Jack Palmer and Nevada Attorney General |
| 3:2008cv00360 |
| June 27, 2008 |
| US District Court for the District of Nevada |
| Habeas Corpus (General) Office |
| Washoe |
| Valerie P. Cooke |
| Larry R. Hicks |
| None |
| Federal Question |
| 28:2254 Petition for Writ of Habeas Corpus (State) |
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The following documents for this case are available for you to view or download:
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Filing
25
ORDERED that P's second motion for the appointment of counsel ( # 22 , at pp. 19-22 ) is DENIED. FURTHER ORDERED that the # 6 Petition for a writ of habeas corpus and P's # 12 Additional statement of claim are DENIED. FURTHER ORDERED that P is DENIED A CERTIFICATE OF APPEALABILITY. FURTHER ORDERED that the Clerk SHALL ENTER JUDGMENT ACCORDINGLY. Signed by Judge Larry R. Hicks on 6/13/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
18
ORDER granting in part and denying in part 13 respondents' Motion to Dismiss as follows: (1) Respondents argument that the petition should be dismissed for failing to set forth the grounds on which he seeks relief is denied. The state petiti on and motion are appropriately incorporated by reference into petitioners federal habeas petition. (2) The grounds of the federal petition (Docket #6), and the amended petition, construed as a statement of additional claims (Docket #12) are exhaust ed. Respondents motion to dismiss the petition for failure to exhaust is denied. (3) Respondents motion to dismiss Grounds 1-5 and Ground 6(u) as procedurally barred is granted. Grounds 1-5 and Ground 6(u) of the federal habeas petition are dismis sed with prejudice. This action shall proceed on the remaining grounds. IT IS FURTHER ORDERED that, within thirty (30) days from the date of entry of this order, respondents SHALL FILE an answer to all remaining grounds of the federal petition (Doc ket #6), and the amended petition, construed as a statement of additional claims (Docket #12). Successive motions to dismiss are prohibited. IT IS FURTHER ORDERED that petitioner may file his reply to the answer within thirty (30) days of being served with the answer. ( Responses due by 6/22/2009.) Signed by Judge Larry R. Hicks on 5/22/09. (Copies have been distributed pursuant to the NEF - SL)
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