Cahuec v. Smith et al
| Hugo C. Israel |
| Gregory Smith and Nevada Attorney General |
| 3:2009cv00113 |
| April 3, 2009 |
| US District Court for the District of Nevada |
| Reno Office |
| Washoe |
| Robert A. McQuaid |
| Brian E. Sandoval |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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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
103
ORDER - Respondents' Motion to Dismiss (ECF No. 94 ) is granted. This action is dismissed with prejudice because it is untimely. The Clerk is directed to enter judgment accordingly and to close this action. A certificate of appealability is granted on the issue of whether Cahuec has failed to demonstrate actual innocence to bypass the time bar of 28 USC § 2244(d)(1). Signed by Judge Robert C. Jones on 11/24/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
101
ORDER granting Respondents' ECF No. 100 Motion to Extend Time re ECF No. 94 Motion to Dismiss. Replies due by 3/20/2020. Signed by Judge Robert C. Jones on 2/21/2020. (Copies have been distributed pursuant to the NEF - KR)
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Filing
98
ORDER granting ECF No. 97 Motion to Extend Time re ECF No. 94 Motion to Dismiss. Petitioner's response due by 2/10/2020. Signed by Judge Robert C. Jones on 11/14/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
93
ORDER granting ECF Nos. 90 , 92 Motions to Extend Time re ECF No. 87 Second Amended Petition: Respondents' answers due 9/25/2019. Signed by Judge Robert C. Jones on 8/26/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
89
ORDER granting ECF No. 88 Motion to Extend Time re ECF No. 87 Second Amended Petition. Respondents' answers due by 7/12/2019. Signed by Judge Robert C. Jones on 5/28/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
86
ORDER denying as moot Petitioner's ECF No. 70 Motion for Leave to File Supplemental Brief in Opposition to Motion to Dismiss; granting Petitioner's ECF No. 72 Corrected Motion for Leave to File Second Amended Petition; dir ecting Clerk to file the second amended petition; giving Respondents 45 days to answer or otherwise respond to second amended petition. Petitioner to reply or respond within 45 days thereafter. Signed by Judge Robert C. Jones on 3/29/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
83
ORDER granting ECF No. 82 Motion to Extend Time re ECF No. 71 Motion for Leave to File Second Amended Petition. Reply due by 10/29/2018. Signed by Judge Robert C. Jones on 10/24/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing
81
ORDER granting ECF No. 80 Unopposed Motion for Extension of Time to File a Reply to ECF No. 71 Motion for Leave to File Second Amended Petition for Writ of Habeas Corpus. Reply due by 9/28/2018. Signed by Judge Robert C. Jones on 9/5/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
78
ORDER granting ECF No. 77 Motion for Extension of Time to File a Response to Petitioner's Motion for Leave to File a Second Amended Petition (ECF Nos. 71 , 72 ); response due by 8/22/2018. Signed by Judge Robert C. Jones on 7/24/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
76
ORDER granting ECF No. 75 Motion for extension of time (first request) to respond to ECF No. 71 Motion for Leave to File second amended petition. Response due by 7/23/2018. Signed by Judge Robert C. Jones on 6/28/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
53
ORDER denying 47 and 49 Motions to Amend/Correct. Signed by Judge Robert C. Jones on 3/20/14. (Copies have been distributed pursuant to the NEF - JC)
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Filing
44
ORDERED that P's # 40 Second Motion for leave to conduct discovery and for court order to obtain requested documents and evidence is DENIED. FURTHER ORD that P's # 41 Motion to correct P's name on caption is GRANTED. The clerk of the court shall change Ps name in CM/ECF to "Hugo Israel Cahuec." FURTHER ORD that this action is DISMISSED with prejudice as untimely. In the alternative, this action is DISMISSED without prejudice for P's failure to exhaust hi s state-court remedies. The clerk of the court shall enter judgment accordingly. FURTHER ORD that a certificate of appealability is GRANTED on the issue whether the court is correct in its determination that petitioner has not demonstrated actual innocence to excuse the untimeliness of this action. Signed by Chief Judge Robert C. Jones on 3/29/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
32
JUDGMENT. IT IS ORDERED AND ADJUDGED that this action is DISMISSED with prejudice as untimely. Lance S. Wilson on 10/27/2010. (Copies have been distributed pursuant to the NEF - KO)
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Filing
31
ORDER DISMISSING CASE. IT IS HEREBY ORDERED that petitioner's 19 motion for leave to conduct discovery and for court to obtain requested documents and evidence is DENIED as moot. FURTHER ORDERED, respondents' 22 motion to dism iss is GRANTED. This action is DISMISSED with prejudice as untimely. The clerk shall enter judgment accordingly. FURTHER ORDERED, a certificate of appealability is GRANTED on the court's determination that equitable tolling is not warranted. Signed by Judge Robert C. Jones on 10/26/2010. (Copies have been distributed pursuant to the NEF - KO)
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