Randolph v. MCDANIEL et al
Petitioner: Charles Lee Randolph
Respondent: E.K. MCDANIEL and Attorney General of the State of Nevada
Case Number: 3:2008cv00650
Filed: December 12, 2008
Court: US District Court for the District of Nevada
Office: Death Penalty - Habeas Corpus Office
County: White Pine
Presiding Judge: Valerie P. Cooke
Presiding Judge: Larry R. Hicks
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Ptn for Writ of H/C - Stay of Execution

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 1, 2022 Opinion or Order Filing 106 ORDERED that Petitioner's Motion (ECF No. 89 ) is GRANTED IN PART AND DENIED IN PART. Respondents will have 60 days from the date of this order (5/31/2022) to produce material to Petitioner as specified herein. IT IS FURTHER ORDERED that Pet itioner will have 180 days from the date of this order (9/28/2022) to file a second amended petition for writ of habeas corpus. Beyond that, the schedule for further proceedings set forth in the order entered September 11, 2017 (ECF No. 36 ) will remain in effect. Signed by Judge Larry R. Hicks on 4/1/2022. (Copies have been distributed pursuant to the NEF - DRM)
February 1, 2022 Opinion or Order Filing 103 ORDER granting ECF No. 101 Motion for Extension of Time. Respondents will have 14 days from the date of this order to file a supplement to their response to Court's September 30 order (ECF No. 98 ) (Supplement due by 2/15/22). Petitioner will then have 20 days to file their reply. (See PDF Order for specifics) Signed by Judge Larry R. Hicks on 2/1/2022. (Copies have been distributed pursuant to the NEF - HKL)
September 30, 2021 Opinion or Order Filing 98 ORDERED that Petitioner's Motion for Leave to File Surreply (ECF No. 97 ) is GRANTED. FURTHER ORDERED that Respondents' Motion for Reconsideration (ECF No. 93 ) is GRANTED. The schedule for further briefing of Petitio ner's motion for disclosure of materials by the respondents (ECF No. 89 ) set forth in the Order entered September 2, 2021 (ECF No. 92 ) is vacated. The schedule for that supplemental briefing will be as follows: - Petitioner will h ave 30 days from the date of this order (10/30/2021) to file a supplement to his motion for disclosure of materials by the respondents (ECF No. 89 ), as described herein. - Respondents will then have 60 days to file a response to Petitioner's supplement to their motion. - Petitioner will then have 20 days to file a reply. Signed by Judge Larry R. Hicks on 9/30/2021. (Copies have been distributed pursuant to the NEF - DRM)
September 13, 2021 Opinion or Order Filing 94 ORDERED that Petitioner will have until and including September 17, 2021, to respond to Respondents' Motion for Reconsideration (ECF No. 93 ). Respondents will then have 3 days (court days) to file a reply. Signed by Judge Larry R. Hicks on 9/13/2021. (Copies have been distributed pursuant to the NEF - DRM)
September 2, 2021 Opinion or Order Filing 92 ORDER - Respondents will have 45 days to file a supplemental response to Petitioner's Motion (ECF No. 89 ), as described in this Order. Petitioner will then have 15 days to file a reply to the supplemental response. The deadline f or Petitioner to file a second amended habeas petition is suspended pending the resolution of Petitioner's Motion (ECF No. 89 ). The Court will reset the deadline for the second amended petition when Petitioner's motion is resolved. Signed by Judge Larry R. Hicks on 9/2/2021. (Copies have been distributed pursuant to the NEF - SC)
March 17, 2021 Opinion or Order Filing 88 ORDER - Petitioner's Motion for Extension of Time (ECF No. 87 ) is granted. Petitioner will have until and including October 4, 2021, to file his Second Amended Petition. In all other respects, the schedule for further proceedings set forth in the order entered September 11, 2017 (ECF No. 36 ) will remain in effect. Signed by Judge Larry R. Hicks on 3/17/2021. (Copies have been distributed pursuant to the NEF - AB)
September 22, 2020 Opinion or Order Filing 86 ORDERED that Petitioner's motion for extension of time (ECF No. 85 ) is GRANTED. Petitioner will have until and including April 7, 2021, to file his second amended habeas petition. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered September 11, 2017 (ECF No. 36 ) will remain in effect. Signed by Judge Larry R. Hicks on 9/22/2020. (Copies have been distributed pursuant to the NEF - DRM)
May 20, 2020 Opinion or Order Filing 84 ORDER - Petitioner's Motion for Leave to Conduct Discovery (ECF No. 79 ) is GRANTED IN PART AND DENIED IN PART. Petitioner is granted leave of court to serve subpoenas upon Anthony Sgro, James Colin, Thomas Michaelides, Darin Imlay, Curt is Brown, and Willard Ewing, in the form of the proposed subpoenas at ECF No. 79 -1, pp. 8, 11, 14, 17, 20 and 23. In all other respects, Petitioner's motion is denied. Signed by Judge Larry R. Hicks on 5/20/2020. (Copies have been distributed pursuant to the NEF - AB)
April 8, 2020 Opinion or Order Filing 81 ORDERED that Petitioner's motion for extension of time (ECF No. [78) is GRANTED. Petitioner will have until and including October 9, 2020, to file his second amended habeas petition. FURTHER ORDERED that Respondents' motion for extension of time (ECF No. 80 ) is GRANTED. Respondents will have until and including April 21, 2020, to respond to Petitioner's motion for leave to conduct discovery (ECF No. 79 ). Petitioner will then have 20 days to file a reply in support of his motion. FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered September 11, 2017 (ECF No. 36 ) will remain in effect. Signed by Judge Larry R. Hicks on 4/8/2020. (Copies have been distributed pursuant to the NEF - DRM)
December 9, 2019 Opinion or Order Filing 77 IT IS ORDERED that Petitioner's Motion to Withdraw Motions (ECF 76 ) is GRANTED. IT IS FURTHER ORDERED that Petitioner's Motion for Leave to Proceed "Pro Se" (ECF No. 71 ) and Verified Motion for Order to Terminate FPD [and] I nvocation of Right to Self-Representation [and] Demand for an Immediate End to Unnecessary Unwanted Suspension of Proceedings (ECF No. 72 ) are DENIED as moot. Signed by Judge Larry R. Hicks on 12/9/2019. (Copies have been distributed pursuant to the NEF - LE)
July 29, 2019 Opinion or Order Filing 64 ORDERED that James Colin is discharged from his appointment as counsel for the petitioner in this case. IT IS FURTHER ORDERED that further proceedings in this action - - including the requirement that Respondents file an answer -- are su spended pending appointment of replacement counsel for the petitioner. The Court will enter a new scheduling order for this action after replacement counsel is appointed. IT IS FURTHER ORDERED that Respondents' motion for extension of time (E CF No. 60 ) is DENIED as moot. IT IS FURTHER ORDERED that Petitioner's "Verified Request for Criminal Referral" is DENIED. (Attachments: # 1 Appendix - Copy of ECF No. 61 Response)(Copies have been distributed pursuant to the NEF - DRM)
February 25, 2019 Opinion or Order Filing 59 ORDER granting in part and denying in part ECF No. 47 Respondents' Motion to Partially Dismiss Amended Petition for Writ of Habeas Corpus; Respondents' answer to the remaining claims in Petitioner's amended habeas petition ( Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13 and 14) is due by 6/25/2019; in all other respects, the schedule for further proceedings set forth in the order entered September 11, 2017 (ECF No. 36 ) will remain in effect; pursuant to Federal Rule of Civil Procedure 25(d), William Gittere is substituted for Timothy Filson as the respondent warden; Clerk directed to update the docket for this case to reflect this change. Signed by Judge Larry R. Hicks on 2/25/2019. (Copies have been distributed pursuant to the NEF - LH)
May 30, 2018 Opinion or Order Filing 56 ORDER granting ECF No. 54 Motion for Extension of Time to file reply to in support of ECF No. 47 Motion to Dismiss. Reply due by 7/23/2018. The schedule for further proceedings set forth in the order ECF No. 36 will remain in effect. Signed by Judge Larry R. Hicks on 5/30/2018. (Copies have been distributed pursuant to the NEF - KW)
May 24, 2018 Opinion or Order Filing 53 ORDER granting ECF No. 52 Motion to Extend Time, treating Petitioner's ECF No. 50 Response to ECF No. 47 Motion to Dismiss as timely filed. In all other respects, the schedule for further proceedings set forth in the ECF No. 36 Order will remain in effect. Signed by Judge Larry R. Hicks on 5/24/2018. (Copies have been distributed pursuant to the NEF - KR)
September 11, 2017 Opinion or Order Filing 36 ORDERED that petitioner's Motion to Lift Stay (ECF No. 35 ) is GRANTED. The stay of this action is lifted. FURTHER ORDERED that the following schedule shall govern the further litigation of this action: Amended petition due by 11/10/2017. ( See pdf order for additional deadlines and specifics.) FURTHER ORDERED that Timothy Filson is substituted for Renee Baker as the respondent warden. Clerk shall update the docket for this case to reflect that change. Signed by Judge Larry R. Hicks on 9/11/2017. (Copies have been distributed pursuant to the NEF - DRM)
January 26, 2012 Opinion or Order Filing 23 MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 1/26/2012. GRANTING 22 Motion to Substitute Party. Renee Baker substituted for E.K. McDaniel. (Copies have been distributed pursuant to the NEF - KO)
April 15, 2009 Opinion or Order Filing 14 ORDER approving 13 parties' Stipulation to STAY action to allow petitioner to exhaust in state court his unexhausted claims for habeas corpus relief. IT IS FURTHER ORDERED that if petitioner's counsel has not yet done so he shall seek a ppointment as counsel for petitioner in the state court proceedings. IT IS FURTHER ORDERED that on or before 6/15/2009, petitioner shall file & serve a status report describing the status of his state court proceedings. Thereafter, during the stay o f this action, petitioner shall file such a status report every 6 months (on or before 12/15/2009; 06/15/2010, etc.). Respondents may, if necessary, file & serve a response to any such status report w/i 15 days after its service. If necessary, peti tioner may reply w/i 15 days of service of response. IT IS FURTHER ORDERED that following the conclusion of petitioner's state court proceedings, petitioner shall within 30 days make a motion to lift the stay of this action. See order re specifics. ( Status Report due by 6/15/2009.) Signed by Judge Larry R. Hicks on 4/14/09. (Copies have been distributed pursuant to the NEF - SL)
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Petitioner: Charles Lee Randolph
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Respondent: E.K. MCDANIEL
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Respondent: Attorney General of the State of Nevada
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