Randolph v. MCDANIEL et al
| Charles Lee Randolph |
| E.K. MCDANIEL and Attorney General of the State of Nevada |
| 3:2008cv00650 |
| December 12, 2008 |
| US District Court for the District of Nevada |
| Death Penalty - Habeas Corpus Office |
| White Pine |
| Valerie P. Cooke |
| Larry R. Hicks |
| None |
| Federal Question |
| 28:2254 Ptn for Writ of H/C - Stay of Execution |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
127
ORDER - IT IS THEREFORE ORDERED that the request for authorization for the Federal Public Defender for the District of Idaho to represent Petitioner in a successive petition for writ of habeas corpus in state court is GRANTED. Signed by Judge Larry R. Hicks on 8/25/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
129
ORDER - IT IS THEREFORE ORDERED that Petitioner's Motion to Hold Federal Habeas Proceedings in Abeyance (ECF No. 122 ) is GRANTED. This action is STAYED, while Petitioner exhausts in state court his unexhausted claims for habe as corpus relief. IT IS FURTHER ORDERED that, on or before December 15, 2023, Petitioner shall file a status report, describing the status of his state court proceedings.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. IT IS FURTHER ORDERED that this action will be subject to dismissal upon a motion by Respondents if Petitioner does not comply with the time limits in this order, or if he otherwise fails to proceed with diligence during the stay imposed pursuant to this order. Signed by Judge Larry R. Hicks on 8/23/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
112
ORDER - Petitioner's motion for extension of time (ECF No. 111 ) is GRANTED. Petitioner will have until and including March 28, 2023, to file his second amended habeas 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 8/26/2022. (Copies have been distributed pursuant to the NEF - HKL)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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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