Elliott v. Benedetti et al
| Robert W. Elliott |
| J. Benedetti and Nevada Attorney General |
| 3:2009cv00265 |
| May 21, 2009 |
| US District Court for the District of Nevada |
| Reno Office |
| Carson City |
| Larry R. Hicks |
| Robert A. McQuaid |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
41
ORDERED that Rs' # 34 Motion to dismiss is GRANTED as to all claims remaining, such that Grounds 1 and 4 shall be dismissed as procedurally defaulted and Grounds 2 and 3 shall be dismissed on the merits. FURTHER ORD that Rs' # 39 Motion t o strike is GRANTED and that the # 38 Traverse filed by P hereby is STRICKEN. FURTHER ORD that a certificate of appealability is DENIED, as jurists of reason would not find the dismissal of Grounds 1 through 4 as per this order and Grounds 5 through 9 following upon the Courts prior order (# 30 ) to be debatable or wrong. The Clerk of Court shall enter final judgment accordingly, in favor of Rs and against P, dismissing all remaining claims herein with prejudice. Signed by Judge Larry R. Hicks on 1/10/2012. (Copies have been distributed pursuant to the NEF - DRM) Modified on 1/12/2012 to correct file date (DRM).
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Filing
33
ORDER. IT IS ORDERED that petitioner's motion 31 is GRANTED solely to the extent that Grounds 5, 8 and 9 are DISMISSED without prejudice.IT FURTHER IS ORDERED that respondents shall file a response to the remaining grounds in the petition as described in the prior order 30 and pursuant to paragraphs (2) and (3) on pages 2-3 of the scheduling order 11 within forty-five (45) days of entry of this order. IT FURTHER IS ORDERED that petitioner shall have forty-five (45) days from service of the response within which to mail for filing either an opposition to a motion to dismiss or a reply to an answer. This deadline shall override any shorter deadline in any later form order issued pursuant to the Klingele decision. (Responses due by 6/27/2011.) Signed by Judge Larry R. Hicks on 5/12/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
30
ORDERED that Rs' # 13 Motion to dismiss is GRANTED IN PART and DENIED IN PART ( as specified herein). FURTHER ORD P shall mail for filing by 4/30/2011 either a motion for dismissal without prejudice of the entire petition, for partial dismissa l only of Grounds 5, 8 and 9, and/or for other appropriate relief. FURTHER ORD that P's submissions # 24 -1 and # 28 both are STRICKEN as improperly submitted documents. Signed by Judge Larry R. Hicks on 3/30/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
11
ORDERED Clerk shall add AG as counsel for Rs, and shall make informal electronic service of this order. ( E-service performed 4/20/2010 ) FURTHER ORD Rs' answer/response due 7/4/2010. FURTHER ORD Rs shall present their defenses in th is case as specified in this order ( see pdf order ). FURTHER ORD that Rs shall not be deemed to have waived any defenses by addressing the issues in the order directed herein. FURTHER ORD that Rs shall file with the response and serve upon petition er a single set of state record exhibits relevant to the petition, which shall include but not necessarily be limited to copies of the following, indexed without duplication and in chronological order : ( see pdf order for details/specifics ) FURTHER ORD that any additional exhibits filed by Rs shall be filed with a separate index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments that are filed further shall be identified by the number or numbers (or letter or lett ers) of the exhibits in the attachment. FURTHER ORD that counsel additionally shall send a courtesy copy hard copy of the exhibits to, for this case, the Las Vegas Clerk's Office, with a cover sheet that clearly states "Courtesy Copy To Sta ff Attorney." FURTHER ORD P's reply/opposition due 30 days from service of answer/response; these deadlines shall override any shorter deadline under the Klingele decision. FURTHER ORD DENYING P's 9 Motion for appointment of counsel. FURTHER ORD henceforth P shall serve R a copy of every pleading submitted for consideration, with a certificate of mailing. Signed by Judge Larry R. Hicks on 4/19/2010. (Copies have been distributed pursuant to the NEF - DRM)
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