Taylor v. McDaniel et al
| Omar Terrell Taylor |
| E.K. McDaniel and Nevada Attorney General |
| 3:2008cv00401 |
| July 21, 2008 |
| US District Court for the District of Nevada |
| Reno Office |
| Clark |
| Valerie P. Cooke |
| Edward C. Reed |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 1651 Petition for Writ of Habeas Corpus |
| None |
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The following documents for this case are available for you to view or download:
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Filing
76
ORDER granting 66 Motion to Dismiss. Petition dismissed as untimely. Certificate of appealability is GRANTED on the issue of whether petitioner is entitled to equitable tolling of the statute of limitations. Clerk shall enter judgment accordingly and close case. Signed by Judge Robert C. Jones on 3/9/16. (Copies have been distributed pursuant to the NEF - JC)
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Filing
64
ORDERED that the # 61 Supplemental exhibits are ACCEPTED as supplemental exhibits to the # 12 First amended petition. Clerk SHALL LINK the # 61 Supplemental exhibits to the # 12 First amended petition. FURTHER ORD that answer/response due by 3/6/2015. FURTHER ORD that reply due 45 days after service of answer. FURTHER ORD that the parties SHALL SEND courtesy copies of any further exhibits filed to the Reno Staff Attorney. Signed by Judge Robert C. Jones on 1/20/2015. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
59
ORDER GRANTING 55 Motion to Stay pending exhaustion of the unexhausted claims. FURTHER ORD the grant of a stay is conditioned upon P filing a state post-conviction petition or other appropriate proceeding within 45 days of this order and returning to federal court with a motion to reopen within 45 days of issuance of the remittitur. ( See pdf order for additional specifics ) FURTHER ORDERED that the Court's prior # 54 Order hereby is CLARIFIED and MODIFIED to reflect, in lieu of line 16 on page 11 of said order, as to the paragraph (b) on that line, that the Court holds that all claims in Ground 2 except for the claim that the plea was not knowing, intelligent and voluntary because petitioner allegedly was on medication for depress ion at the time of the plea are not exhausted. FURTHER ORDERED that the Clerk shall ADMINISTRATIVELY CLOSE this action until such time as the Court grants a motion to reopen the matter. Signed by Judge Edward C. Reed, Jr on 4/4/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
54
ORDER. IT IS HEREBY ORDERED that petitioner's 47 motion for leave to file a supplemental opposition and respondents' 51 motion to file a late response to the motion for leave to file a supplemental opposition both are GRANTED. FURTHE R ORDERED, respondents' 26 motion to dismiss is GRANTED IN PART. The court holds that the following grounds (hereafter, the "unexhausted claims") are not exhausted: (a) the Fifth Amendment claim in Ground 1; (b) Ground 2 in its enti rety; and (c) the Fifth Amendment claims in Ground 3 and all other claims in Ground 3 except for the claim that the plea was not knowing, intelligent and voluntary because of ineffective assistance of counsel because defense counsel should hav e known that petitioner was under the influence of medication. FURTHER ORDERED, petitioner shall have thirty (30) days from entry of this order within which to file a motion for dismissal without prejudice of the entire petition, for partial dismissa l only of the unexhausted claims, and/or for other appropriate relief. The entire petition will be dismissed w/out prejudice for lack of complete exhaustion if a motion and/or the verification is not timely filed. FURTHER ORDERED, respondents may fil e a response to any such motion filed, and petitioner may file a reply, w/in the normal time limits provided for in LR 7-2, but running initially from service of the verification rather than the motion. Signed by Judge Edward C. Reed, Jr on 2/8/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
49
ORDER. IT IS ORDERED that, within thirty (30) days, respondents shall file a redacted copy of the pertinent portion of the prison legal mail log reflecting the date June/July 2007 upon which petitioner tendered the second state post-conviction peti tion. FURTHER ORDERED that petitioner shall have thirty (30) days of service to file any further evidentiary materials. (See Order for specifics). (Notice of Compliance is due by 11/12/2010.) Signed by Judge Edward C. Reed, Jr on 10/12/2010. (Copies have been distributed pursuant to the NEF - MLC)
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