Kenner v. Benedetti et al
| James Jefferson Kenner |
| James Benedetti and Nevada Attorney General |
| 3:2008cv00489 |
| November 24, 2008 |
| US District Court for the District of Nevada |
| Habeas Corpus (General) Office |
| Carson City |
| Robert A. McQuaid |
| Edward C. Reed |
| 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
49
JUDGMENT. IT IS ORDERED AND ADJUDGED that the 14 first amended petition for a writ of habeas corpus is DENIED IN ITS ENTIRETY. Signed by Clerk of Court, Lance S. Wilson on 3/20/2012. (Copies have been distributed pursuant to the NEF - KO)
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Filing
48
ORDER DISMISSING CASE. IT IS HEREBY ORDERED that the 14 first amended petition for a writ of habeas corpus is DENIED IN ITS ENTIRETY. FURTHER ORDERED, the Clerk SHALL ENTER JUDGMENT ACCORDINGLY. FURTHER ORDERED, the petitioner is DENIED A CERTIFICATE OF APPEALABILITY. Signed by Judge Edward C. Reed, Jr on 3/19/2012. (Copies have been distributed pursuant to the NEF - KO)
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Filing
44
ORDER. IT IS ORDERED that P's 40 , 42 , and 43 motions are DENIED. Signed by Judge Edward C. Reed, Jr on 12/13/2011. (Copies have been distributed pursuant to the NEF - PM)
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Filing
36
ORDER. IT IS ORDERED that P's 35 Motion for Writ to Issue is DENIED. FURTH ORD that Rs shall have five days from entry of this Order to serve the Answer upon P and to file w/the Court an Affidavit or Declaration attesting to such service. FURTH ORD that P shall have thirty days from the date of service to file his reply. Signed by Judge Edward C. Reed, Jr on 1/26/2011. (Copies have been distributed pursuant to the NEF - PM)
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Filing
33
ORDER. IT IS HEREBY ORDERED that petitioner's 31 motion to dismiss his unexhausted claims is GRANTED. This case shall proceed on part one of ground one only, the claim that trial counsel failed, without petitioner's consent, to f ile a notice of appeal after his sentencing. All other claims are dismissed as abandoned. FURTHER ORDERED, respondents shall file an answer to the remaining claim in this action within twenty-eight (28) days of the date of entry of this order. Petitioner is granted fourteen (14) days thereafter to file a reply. Signed by Judge Edward C. Reed, Jr on 12/06/2010. (Copies have been distributed pursuant to the NEF - KO)
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Filing
30
ORDER GRANTING IN PART AND DENYING IN PART Rs' 23 Motion to Dismiss : The court finds parts two and three of ground one to be unexhausted, ground two to be entirely unexhausted, and ground three to be entirely unexhausted. FURTHER ORDERED tha t to the extent that P attempts to include the five additional legal theories in ground three as separate claims, they are DISMISSED as vague and conclusory and for failure to state a claim upon which relief can be granted. FURTHER ORDERED that P sh all by 12/9/2010 show good cause for his failure to exhaust his unexhausted claims, Rs shall thereafter have twenty (20) days to respond. P shall thereafter have fifteen (15) days to reply. FURTHER ORDERED that alternatively, P may advise the court o f his desire to abandon the unexhausted claims by filing a sworn declaration of abandonment, signed by P, himself. This declaration shall be filed within the thirty days allowed to show cause for non-exhaustion. If P files such a sworn declaration, t his petition will proceed on part one of ground one only. FURTHER ORDERED that P's failure to respond to this order will result in the dismissal of this amended petition as a mixed petition containing both exhausted and unexhausted claims.( Show Cause/Advisement re exhaustion due by 12/9/2010.) Signed by Judge Edward C. Reed, Jr on 11/8/2010. (Copies have been distributed pursuant to the NEF - DRM)
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