Nika v. McDaniel et al
Petitioner: Avram Vineto Nika
Respondent: E.K. McDaniel and Catherine Cortez Mastro
Case Number: 3:2009cv00178
Filed: April 7, 2009
Court: US District Court for the District of Nevada
Office: Death Penalty - Habeas Corpus Office
County: White Pine
Presiding Judge:
Presiding Judge: James C. Mahan
Presiding Judge: Robert A. McQuaid
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Petition for Writ of Habeas Corpus (State)

Available Case Documents

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

Date Filed Document Text
October 3, 2019 Opinion or Order Filing 200 ORDERED that Petitioner's Motion to Alter or Amend Judgment (ECF No. 189 ) is GRANTED IN PART AND DENIED IN PART. The motion is granted to the extent that the judgment in this action shall be amended to grant Petitioner a certificate o f appealability with respect to Ground 2 of his Second Amended Petition for Writ of Habeas Corpus (ECF No. 73 ). In all other respects, the motion is denied. IT IS FURTHER ORDERED that The Clerk of the Court is directed to enter an Amended Judgment, as specified herein. (See pdf order for specifics.) Signed by Judge James C. Mahan on 10/3/2019. (Copies have been distributed pursuant to the NEF - DRM)
September 16, 2019 Opinion or Order Filing 198 ORDER that Petitioner's Motion for Extension of Time (ECF No. 197 ) is DENIED as unnecessary. Petitioner has until and including October 7, 2019, to file a reply in support of his motion to alter or amend the judgment. Signed by Judge James C. Mahan on 9/16/2019. (Copies have been distributed pursuant to the NEF - LH)
August 26, 2019 Opinion or Order Filing 195 ORDER that Respondents' Motion for Enlargement of Time (ECF No. 194 ) is GRANTED; Respondents will have until and including September 5, 2019, to respond to the motion to alter or amend the judgment (ECF No. 189 ); Petitioner will have 30 days to reply to Respondents' response to the motion to alter or amend the judgment. Signed by Judge James C. Mahan on 8/26/2019. (Copies have been distributed pursuant to the NEF - LH)
July 26, 2019 Opinion or Order Filing 193 ORDER that Respondents' Motion for Enlargement of Time (ECF No. 192 ) is GRANTED; Respondents will have until and including August 22, 2019, to respond to the motion to alter or amend the judgment (ECF No. 189 ); Petitioner will have 30 days to reply to Respondents' response to the motion to alter or amend the judgment. Signed by Judge James C. Mahan on 7/26/2019. (Copies have been distributed pursuant to the NEF - LH)
June 12, 2019 Opinion or Order Filing 186 ORDER that Petitioner's Second Amended Petition for Writ of Habeas Corpus (ECF No. 73 ) is GRANTED IN PART AND DENIED IN PART.; Respondents shall have 60 days from the date of this order to respond as outlined in order; Petitioner' s Motion for Discovery (ECF No. 166 ) and Motion for Evidentiary Hearing (ECF No. 168 ) are DENIED; Petitioner is granted a certificate of appealability with respect to his claims in Grounds 1C, 3, 4A and 5 of his Second Amended Petit ion (ECF No. 73 ); the judgment in this action will be stayed pending the conclusion of any appellate or certiorari review in the Ninth Circuit Court of Appeals or the United States Supreme Court, or the expiration of the time for seeking such appe llate or certiorari review, whichever occurs later; Clerk directed to enter judgment accordingly; pursuant to FRCP 25(d), the Clerk shall substitute William Gittere for Timothy Filson, as the respondent warden, and Aaron Ford for Adam Laxalt, as the respondent Nevada Attorney General. See Order for further details and instructions. Signed by Judge James C. Mahan on 6/12/2019. (Copies have been distributed pursuant to the NEF - LH)
September 19, 2018 Opinion or Order Filing 182 ORDER - IT IS THEREFORE ORDERED that the respondents' Motion for Enlargement of Time (ECF No. 180 ) is GRANTED. Respondents' Response to Reply (ECF No. 181 ) will be treated as timely filed. IT IS FURTHER ORDERED that the deadline for the petitioner to file a reply in support of his motion for discovery (ECF No. 166 ) and a reply in support of his motion for evidentiary hearing (ECF No. 168 ) October 4, 2018 (see Order entered September 6, 2018 (ECF No. 179 )) remains in effect. Signed by Judge James C. Mahan on 9/19/2018. (Copies have been distributed pursuant to the NEF - LH)
September 6, 2018 Opinion or Order Filing 179 ORDER granting ECF No. 178 Respondents' Motion for Extension of Time is GRANTED. Respondents will have until 09/13/2018 to file a response to the petitioner's reply.The Petitioner will have until 10/04/2018 to filed reply in Support of ECF Nos. 166 Motion for Discovery and 168 Motion for Evidentiary Hearing. Signed by Judge James C. Mahan on 9/6/2018. (Copies have been distributed pursuant to the NEF - KW)
August 27, 2018 Opinion or Order Filing 177 ORDERED that respondents' Motion for Extension of Time (ECF No. 176 ) is GRANTED. Respondents will have until August 30, 2018, to file a response to petitioner's reply.IT IS FURTHER ORDERED that petitioner will have un til September 20, 2018, to file a reply in support of his motion for discovery (ECF No. 166 ) and a reply in support of his motion for evidentiary hearing (ECF No. 168 ). Signed by Judge James C. Mahan on 8/27/2018. (Copies have been distributed pursuant to the NEF - DRM)
April 27, 2018 Opinion or Order Filing 174 ORDER granting ECF No. 173 Motion for Extension of Time to file a response to petitioner's reply ECF No. 169 ; petitioner will have until 09/13/2018 to file replies in support of ECF Nos. 166 Motion for Discovery and 168 Motion for Evidentiary Hearing. Signed by Judge James C. Mahan on 4/27/2018. (Copies have been distributed pursuant to the NEF - KW)
March 8, 2018 Opinion or Order Filing 165 ORDER granting ECF No. 164 Motion for Extension of Time to file reply to ECF No. 160 Answer to Amended Habeas Petition. Reply due by 3/26/2018. In all other respects, the schedule for further proceedings set forth in the order ECF No. 68 shall remain in effect. Signed by Judge James C. Mahan on 3/8/2018. (Copies have been distributed pursuant to the NEF - KW)
December 14, 2017 Opinion or Order Filing 163 ORDER granting ECF No. 161 Motion for Extension of Time. Petitioner to file reply to Respondents' answer by 3/5/2018; the schedule for further proceedings set forth in the order ECF No. 68 shall remain in effect. Signed by Judge James C. Mahan on 12/14/2017. (Copies have been distributed pursuant to the NEF - KW)
December 8, 2016 Opinion or Order Filing 140 ORDER directing Respondents within 10 days to assign responsibility for this case to an attorney other than Victor-Hugo Schulze II; granting in part and denying in part ECF No. 139 Motion for Enlargement of Time -- Reply re ECF No. 95 Motion to Dismiss, Response re ECF No. 133 Motion for Hearing, and Response re ECF No. 137 Motion for Discovery due by 1/27/2017. Signed by Judge James C. Mahan on 12/8/2016. (Copies have been distributed pursuant to the NEF - KR)
October 12, 2016 Opinion or Order Filing 135 ORDER GRANTING ECF No. 134 Motion to Extend Time : Petitioner shall have until and including October 24, 2016, to file a motion for leave to conduct discovery. IT IS FURTHER ORDERED that, after petitioner files a motion for leave to conduct discovery, respondents shall have 30 days to file their reply in support of their motion to dismiss (ECF No. 95 ), their response to the motion for evidentiary hearing, and their response to the motion for leave to conduct discovery. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered June 18, 2015 (ECF No. 68 ) shall remain in effect. Signed by Judge James C. Mahan on 10/12/2016. (Copies have been distributed pursuant to the NEF - DRM)
July 28, 2016 Opinion or Order Filing 128 ORDER GRANTING ECF No. 126 Motion to Extend Time : Response to ECF No. 95 Motion to Dismiss due by 9/9/2016. FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered June 18, 2015 (ECF No. 68 ) shall remain in effect. FURTHER ORDERED that petitioner's Motion to Partially Waiver Local Rules IA 10-3(e), 7-3(b), 7-3(c) (ECF No. 127 ) is GRANTED. Local Rules IA 10-3(e) (descriptors of exhibits on cover sheets), 7-3(b) (page limits), and 7-3(c) (motions for leave to exceed page limits) are waived in this action, for all parties. Signed by Judge James C. Mahan on 7/28/2016. (Copies have been distributed pursuant to the NEF - DRM)
January 15, 2016 Opinion or Order Filing 89 ORDER granting 88 Motion to Extend Time re 73 Amended Petition. Respondents' answers due 3/14/2016. Signed by Judge James C. Mahan on 1/15/2016. (Copies have been distributed pursuant to the NEF - KR)
September 10, 2015 Opinion or Order Filing 84 ORDER granting 69 Motion for Leave to File Brief; extending time for Respondents to respond to 73 Second Amended Petition to 11/13/2015. Signed by Judge James C. Mahan on 9/10/2015. (Copies have been distributed pursuant to the NEF - KR)
June 18, 2015 Opinion or Order Filing 68 ORDERED that petitioner's # 62 Motion to Vacate Stay and Reopen Federal Habeas Corpus Proceedings is GRANTED. The stay of this action is lifted. The clerk of the court shall update the docket for this case accordingly. FURTHER ORD that the following schedule shall govern further litigation of this action: Second amended petition due by 8/2/2015. (See pdf order for additional schedule specifics.) FURTHER ORDERED that petitioner's # 63 Motion to Stay Setting of Executio n Date is GRANTED. The setting of an execution date for Avram Vineto Nika, the petitioner in this federal habeas corpus action, is stayed, pending the final resolution of this action. Signed by Judge James C. Mahan on 6/18/2015. (Copies have been distributed pursuant to the NEF - DRM)
August 27, 2010 Opinion or Order Filing 47 ORDERED that P's Motion for Stay and Abeyance (# 42 ) is GRANTED. This action is STAYED to allow P to exhaust. FURTHER ORD that Rs' Motion to Dismiss (# 41 ) is DENIED as moot. FURTHER ORD that, on or before December 15, 2010,and eve ry 6 months thereafter, P shall file a status report. Rs may, file a response to any such status report within 15 days after its service. P may reply within 15 days of service of the response. FURTHER ORD that following the conclusion of P's s tate court proceedings, P shall, within 30 days, make a motion to lift the stay. FURTHER ORD that this action shall be subject to dismissal upon a motion by Rs if P does not comply with the time limits in this order, or if he otherwise fails to proce ed with diligence during the stay imposed pursuant to this order. FURTHER ORD that, absent extraordinary circumstances, this will be the final opportunity that this court provides to P to return to state court to exhaust claims for habeas corpus relief. Signed by Judge James C. Mahan on 8/27/2010. (Copies have been distributed pursuant to the NEF - DRM)
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Petitioner: Avram Vineto Nika
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Respondent: E.K. McDaniel
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Respondent: Catherine Cortez Mastro
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