McCaskill v. Budge et al
| Jeremy Dale McCaskill |
| Michael Budge and Attorney General of the State of Nevada |
| 3:2008cv00687 |
| December 30, 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
94
ORDER denying 86 Motion for District Judge to Reconsider Order; granting 92 Motion to Dismiss. FURTHER ORDERED all remaining claims in the petition are DENIED on the merits and this action shall be DISMISSED with prejudice. FURTHER ORDERED certificate of appealability is DENIED. Clerk shall enter final judgment in favor of respondents and against petitioner. Case terminated. Signed by Chief Judge Robert C. Jones on 10/16/12. (Copies have been distributed pursuant to the NEF - JC)
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Filing
91
ORDER. IT IS ORDERED that the Court holds that Ground 5(I) (hereafter, the unexhausted claim) is not exhausted. IT FURTHER IS ORDERED that petitioner shall have twenty-one (21) days from entry of this order to file a motion for dismissal without pr ejudice of the entire petition, for partial dismissal only of the unexhausted claim, and/or for other appropriate relief. The oppositionand reply times on the motion shall be the standard times provided for by the local rules. The entire petition, a s amended, will be dismissed without prejudice for lack of complete exhaustion if a motion is not timely filed. No extension of the deadlines established herein will be granted except in extraordinary circumstances. (Notice of Compliance is due by 7/26/2012.) Signed by Judge Edward C. Reed, Jr on 7/2/2012. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
87
ORDER. IT IS ORDERED that respondents shall file their response to petitioner's motion 86 for reconsideration in a separate filing by the May 3, 2012, due date for their answer on the merits to the remaining claims. There thereafter will be no further briefing on the motion or the procedural default issue, whether directly in a reply to the motion or indirectly in a reply to the answer. (Responses due by 5/3/2012.) Signed by Judge Edward C. Reed, Jr on 4/20/2012. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
85
ORDER. IT IS HEREBY ORDERED that the Court finds that Ground 5(e) does not include an independent substantive claim of trial court error and instead includes only claim of ineffective assistance of trial counsel. Any request for reconsideration of this finding/order must be filed w/in 14 days of entry of this order. FURTHER ORDERED, respondents shall have 28 days form entry of this order to file an answer to the remaining claims; petitioner shall have 28 days from service of the answer w/in which to file a reply. The Court's prior statements regarding extension requests continue to apply. Signed by Judge Edward C. Reed, Jr on 4/5/2012. (Copies have been distributed pursuant to the NEF - KO)
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Filing
83
ORDER. IT IS HEREBY ORDERED that petitioner's 81 motion for partial dismissal is GRANTED and that Grounds 2 and 7 through 11, only, are DISMISSED without prejudice. FURTHER ORDERED, respondents shall have until April 13, 2012, within which to file a reply with regard to their prior motion to dismiss. Signed by Judge Edward C. Reed, Jr on 3/30/2012. (Copies have been distributed pursuant to the NEF - KO)
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Filing
79
ORDER GRANTING IN PART and DENYING IN PART 78 Motion to Extend Time such that P's deadline under the Court's prior # 77 Order is extended one dayto March 22, 2012. Rs' counsel is directed to coordinate with P's counsel and contact prison authorities to facilitate counsel being able to confer with P by telephone at the earliest possible juncture. Signed by Judge Edward C. Reed, Jr on 3/22/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
77
ORDER. IT IS HEREBY ORDERED that respondents' 74 motion to dismiss is GRANTED IN PART; the Court holds that Grounds 2 and 7 through 11 are not exhausted. FURTHER ORDERED, petitioner shall have until March 21, 2012, to file a motion fo r dismissal w/out prejudice of the entire petition, for partial dismissal only of the unexhausted claims, and/or for other appropriate relief. FURTHER ORDERED, respondents shall have until March 26, 2012, to file a response and petitioner shal l have until March 28, 2012, to file a reply. FURTHER ORDERED, respondents' reply deadline w/ regard to the remaining issues on the motion to dismiss is CONTINUED WITHOUT DATE. No extension of the deadlines established herein will be granted except in the most compelling of circumstances. Signed by Judge Edward C. Reed, Jr on 3/12/2012. (Copies have been distributed pursuant to the NEF - KO)
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Filing
75
ORDERED that the time for P to respond to Rs' # 74 Motion to dismiss is ADVANCED to March 9, 2012, and that Rs' reply time following the response shall be the standard reply time as set by the local rules. Signed by Judge Edward C. Reed, Jr on 2/13/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
73
ORDERED that, on or before March 9, 2012, Rs shall answer, or otherwise respond to the 54 Amended petition, including by motion to dismiss. FURTHER ORD that, also on or before March 9, 2012, Rs shall file copies of any additional state court recor d materials if any necessary to consideration of the claims and defenses raised, over and above the exhibits filed at ## 62 - 72 . FURTHER ORD that P shall have until April 13, 2012, to file an opposition to any motion to dismiss filed or a reply if an answer is filed. If Rs move to dismiss and an opposition is filed, Rs shall have until April 30, 2012, to file a reply.The deadlines established herein will be extended only in the most extraordinary of circumstances. Any extensions needed beca use of conflicts with the demands of other cases in this Court should be sought in the later-filed case. While the Court will be unable to resolve all aspects of this case by March 30, 2012, it will be seeking to do so, at the very latest, no later than September 28, 2012. ( see pdf order for additional specifics ) Signed by Judge Edward C. Reed, Jr on 1/26/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
53
ORDERED that P's # 51 Motion for extension of time is GRANTED nunc pro tunc, such that P shall have up to and including 1/23/2012, to file an amended petition. FURTHER ORD that P's # 52 Motion to limit the exhibits filed with the amended petition is GRANTED IN PART as per this order. (see pdf order for specifics). FURTHER ORD that, within 45 days of the filing of the amended petition, Rs shall file a set of exhibits with copies of the state court record materials. (see pdf order fo r specifics). FURTHER ORD that the exhibits shall be filed with a separate index of exhibits. Rs shall deliver a hard copy of the exhibits to the Clerk's Office in Las Vegas for this case. Signed by Judge Edward C. Reed, Jr on 1/17/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
48
ORDER DENYING 45 Motion to Stay. FURTHER ORD P's shall file an amended petition by 1/7/2012. FURTHER ORD the state court record exhibits shall be filed with a separate index of exhibits identifying the exhibits by number (as specified herein) . P further shall provide a hard copy of the amended petition and record exhibits to the Court through the staff attorney, by sending same, for this case, to the Clerk in Las Vegas, directed to the attention of P3. P shall not seek to file the exhib its and/or submit the hard copy on a computer file disk. No requests for extensions of time will be considered except in the most extraordinary of circumstances. Signed by Judge Edward C. Reed, Jr on 11/21/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
42
ORDER GRANTING IN PART and DENYING IN PART P's 41 Motion to Extend Time : Amended Petition due by 9/30/2011. Signed by Judge Edward C. Reed, Jr on 6/20/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
38
ORDER. IT IS ORDERED that effective January 18, 2011, Leah Wigren, Esq. (CJA) is hereby APPOINTED to represent P herein. FURTH ORD that Clerk shall send a copy of this order to current and previous counsel for P, to counsel for Rs, to P Jeremy Dale McCaskill and to the CJA Coordinator for this Division (ALL copies sent on 1/19/2011). Signed by Judge Edward C. Reed, Jr on 1/18/2011. (Copies have been distributed pursuant to the NEF - PM)
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Filing
37
ORDER. IT IS ORDERED that the appointment of Mary Beth Gardner, Esq. as counsel for P is TERMINATED and that replacement counsel shall be appointed from the CJA Panel. FURTH ORD that the ddl for P to file a counseled amended petition is CONTI NUED WITHOUT DATE. The Court will establish a new ddl for filing the pleading in the formal order of appointment of replacement of counsel, likely at 150 days following entry of the order. FURTH ORD that following upon the appt of repl cnsl for P, pr ior cnsl shall deliver all files and related materials to repl cnsl as promptly as possible. FURTH ORD that Clerk shall send a copy of this order to CJA Coordinator as well as P Jeremy Dale McCaskill (1 copy to CJA coordinator and 1 copy to P sent on 1/18/2011). Signed by Judge Edward C. Reed, Jr on 1/18/2011. (Copies have been distributed pursuant to the NEF - PM)
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Filing
36
ORDERED: (a) that P's # 35 Motion for leave to file is GRANTED; and (b) that P's # 31 Motion and # 33 Amended motion for an enlargement of time and request that counsel not be removed are GRANTED. The time for petitioner to file an amen ded petition is extended up to and including January 15, 2011. No further extensions of time will be granted. If current counsel is not able to complete the task within the four-times extended deadline, the Court will rescind the appointment and a ppoint another panel attorney as replacement counsel, pursuant to the final sentence of 18 U.S.C. § 3006A(c). The Clerk of Court shall send a copy of this order to the petitioner individually, addressed to Jeremy Dale McCaskill, #76726, P.O. Box 1989, Ely, NV 89301. ( Copy of Order mailed to P 11/18/2010. ) Signed by Judge Edward C. Reed, Jr on 11/17/2010. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
19
ORDER APPOINTING COUNSEL: Attorney Mary Beth Gardner, Esq., is hereby appointed to represent Petitioner Jeremy Dale McCaskill, effective October 14, 2009. Counsel for Petitioner shall have until Friday, February 12, 2010 to file an amended p etition. The Court will screen the amended petition prior to ordering a response from Respondents.The Clerk shall send a copy of this order to current and previous counsel for Petitioner, to counsel for Respondents, to the Petitioner Jeremy Dale McCaskill, and to the CJA Coordinator for this Division. Signed by Judge Edward C. Reed, Jr on 10/15/09. (Copies have been distributed pursuant to the NEF - RD)
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