Hernandez v. MCDANIEL et al
Petitioner: Fernando Navarro Hernandez
Respondent: E.K. MCDANIEL and Catherine Cortez Masto
Case Number: 3:2009cv00545
Filed: September 18, 2009
Court: US District Court for the District of Nevada
Office: Reno Office
County: White Pine
Presiding Judge: Larry R. Hicks
Presiding Judge: Robert A. McQuaid
Nature of Suit: None
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
April 19, 2021 Opinion or Order Filing 276 ORDER granting ECF No. 251 Motion to Extend Time re ECF No. 221 Fifth Amended Petition. Respondents' answers due 6/7/2021. Signed by Judge Larry R. Hicks on 4/19/2021. (Copies have been distributed pursuant to the NEF - KR)
March 10, 2021 Opinion or Order Filing 250 ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 249 ) is GRANTED. Respondents will have until and including April 23, 2021, to file their answer. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered February 20, 2015 (ECF No. 94 ) will remain in effect. Signed by Judge Larry R. Hicks on 3/10/2021. (Copies have been distributed pursuant to the NEF - DRM)
September 10, 2020 Opinion or Order Filing 242 ORDER - Respondents' Motion to Dismiss Claims 30, 31, and 32 (ECF No. 224 ) is granted in part and denied in part. Claim 32 is dismissed. The Motion to Dismiss is denied with respect to Claims 30 and 31. Respondents will ha ve 120 days from the entry of this order to file an Answer responding to the claims remaining in Petitioner's Fifth Amended Petition (ECF No. 221 ): 1A, 1B, 1C, 1D, 1E, 1F, the ineffective assistance of trial counsel claims in Claim 2, 3 , 4, 5, 6, 8, 12, 13A, 13B, 13C, 13D, 13E, 13F, 13H, 13I, 13J, 13K, 13L, 13M, the ineffective assistance of trial counsel claims in Claim 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31. In all other respects, the schedule for further proceedings set forth in the Order entered February 20, 2015 (ECF No. 94 ) will remain in effect. Signed by Judge Larry R. Hicks on 9/10/2020. (Copies have been distributed pursuant to the NEF - AB)
July 10, 2020 Opinion or Order Filing 239 ORDER that Respondents' Motion for Enlargement of Time (ECF No. 238 ) is DENIED, as it is unnecessary. Respondents have until and including July 16, 2020, to file a reply in support of their motion to dismiss. In all other respects, the schedule for further proceedings set forth in the order entered February 20, 2015 (ECF No. 94 ) will remain in effect. Signed by Judge Larry R. Hicks on 7/10/2020. (Copies have been distributed pursuant to the NEF - LW)
June 9, 2020 Opinion or Order Filing 236 ORDERED that Petitioner's motion for extension of time(ECF No. 235) is DENIED. IT IS FURTHER ORDERED that Petitioner will have 7 days from the date of this order (6/16/2020) to file any motion for leave to conduct discovery relative to the pending motion to dismiss. After such motion is filed, or after that deadline passes without any such motion filed, Respondents will have 30 days to file a reply in support of their motion to dismiss and a response to any motion for leave to c onduct discovery. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered February 20, 2015 (ECF No. 94 ) will remain in effect. Signed by Judge Larry R. Hicks on 6/9/2020. (Copies have been distributed pursuant to the NEF - DRM)
April 16, 2020 Opinion or Order Filing 233 ORDER that Petitioner's motion for extension of time (ECF No. 232 ) is GRANTED. Petitioner will have until and including June 8, 2020, to respond to the motion to dismiss. In all other respects, the schedule for further proceedings set forth in the order entered February 20, 2015 (ECF No. 94 ) will remain in effect. Signed by Judge Larry R. Hicks on 4/16/2020. (Copies have been distributed pursuant to the NEF - LW)
March 25, 2020 Opinion or Order Filing 231 ORDER - Petitioner's Counsel are directed to file, under seal, within 120 days from the date of this order, a status report informing the Court of the status of the disputes reflected in the Petitioner's January 10, 2020, filing, and stating counsel's position as to how many remaining disputes may be resolved. Signed by Judge Larry R. Hicks on 3/25/2020. (Copies have been distributed pursuant to the NEF - AB)
February 27, 2020 Opinion or Order Filing 229 ORDER that Petitioner's Motion for Extension of Time (ECF No. 228 ) is GRANTED. Petitioner will have until and including April 8, 2020, to file a response to the motion to dismiss. In all other respects, the schedule for further proceedings set forth in the order entered February 20, 2015 (ECF No. 94 ) will remain in effect. Signed by Judge Larry R. Hicks on 2/27/2020. (Copies have been distributed pursuant to the NEF - LW)
January 23, 2020 Opinion or Order Filing 227 AMENDED ORDER - Petitioner's counsel are directed to consult with their client regarding the disputes reflected in Petitioner's pro se motion (ECF No. 225 ). Petitioner's counsel shall, thereafter, within 60 days from the date of this order (3/23/2020) file, under seal, a status report informing the Court of the status of the disputes and stating counsel's position as to how they may be resolved. IT IS FURTHER ORDERED that the Clerk of the Court is directed t o serve a copy of Petitioner's pro se motion (ECF No. 225 ) on Petitioner's counsel (and only on Petitioner's counsel). (ECF No. 225 mailed to Attorney Timothy R. Payne, only, on 1/23/2020) IT IS FURTHER ORDERED that the Clerk of the Court is directed to file this amended order, and strike from the record the order filed at ECF No. 226 . Signed by Judge Larry R. Hicks on 1/23/2020. (Copies have been distributed pursuant to the NEF - DRM)
January 22, 2020 Opinion or Order Filing 226 STRICKEN pursuant to ECF No. 227 ORDER : ORDER directing Petitioner's counsel to consult with their client re the disputes reflected in Petitioner's ECF No. 225 pro se motion; directing Petitioner's counsel, wi thin 60 days, to file, under seal, a report on the status of the disputes and stating counsel's position as to how they may be resolved. Signed by Judge Larry R. Hicks on 1/22/2020. (Copies have been distributed pursuant to the NEF - KR) Modified on 1/23/2020 to denote STRICKEN (DRM).
December 11, 2019 Opinion or Order Filing 223 ORDERED that Respondents' motion for extension of time (ECF No. 222 ) is GRANTED. Respondents will have until and including December 24, 2019, to file their motion to dismiss Claims 30, 31 and 32 of the fifth amended habeas peti tion. In all other respects, the schedule for further proceedings set forth in the order entered September 27, 2019 (ECF No. 218 ) and the order entered February 20, 2015 (ECF No. 94 ) will remain in effect. Signed by Judge Larry R. Hicks on 12/11/2019. (Copies have been distributed pursuant to the NEF - DRM)
October 3, 2019 Opinion or Order Filing 220 ORDERED that Petitioner's motion for extension of time (ECF No. 219 ) is GRANTED. Petitioner will have until and including October 11, 2019, to file his fifth amended habeas petition. In all other respects, the schedule for further pr oceedings set forth in the order entered September 27, 2019 (ECF No. 218 ) and the order entered February 20, 2015 (ECF No. 94 ) will remain in effect. Signed by Judge Larry R. Hicks on 10/3/2019. (Copies have been distributed pursuant to the NEF - DRM) Modified on 10/3/2019 to correct spelling (DRM).
September 27, 2019 Opinion or Order Filing 218 ORDER that Petitioner's Motion for Reconsideration (ECF No. 186 ) is denied; Petitioner's Motion for Leave to Amend (ECF No. 204 ) is granted; Petitioner's Fifth Amended Petition due by 10/7/2019; Respondents wi ll have 60 days from the filing of Petitioner's fifth amended petition to file a motion to dismiss Claims 30, 31 and/or 32; the briefing of the motion to dismiss, and other further proceedings, will be governed by the schedule set forth in the order entered February 20, 2015 (ECF No. 94 ). Signed by Judge Larry R. Hicks on 9/27/2019. (Copies have been distributed pursuant to the NEF - LH)
August 27, 2019 Opinion or Order Filing 216 ORDER that Petitioner's Motion for Extension of Time (ECF No. 214 ) is GRANTED. Petitioner will have until and including August 29, 2019, to file a reply in support of his motion for leave to amend (ECF No. 204 ). Signed by Judge Larry R. Hicks on 8/27/2019. (Copies have been distributed pursuant to the NEF - LH)
July 18, 2019 Opinion or Order Filing 207 ORDER that Respondents' Motion for Enlargement of Time (ECF No. 206 ) is GRANTED. Respondents will have until and including August 15, 2019, to file their response to Petitioner's motion for leave to amend (ECF No. 204 ). Signed by Judge Larry R. Hicks on 7/18/2019. (Copies have been distributed pursuant to the NEF - LH)
April 29, 2019 Opinion or Order Filing 196 ORDER granting Petitioner's ECF No. 195 Motion to Extend Time re ECF No. 186 Motion for Reconsideration: Reply due by 5/10/2019. Signed by Judge Larry R. Hicks on 4/29/2019. (Copies have been distributed pursuant to the NEF - KR)
April 8, 2019 Opinion or Order Filing 191 ORDER that Respondents' Motion for Enlargement of Time ECF No. 189 is GRANTED nunc pro tunc; Respondents' response to ECF No. 186 Motion for Reconsideration is due by 4/19/2019. Signed by Judge Larry R. Hicks on 4/8/2019. (Copies have been distributed pursuant to the NEF - KW)
March 18, 2019 Opinion or Order Filing 188 ORDER granting ECF No. 187 Respondents' Motion for Enlargement of Time to respond to ECF No. 186 Motion for reconsideration. The Court will set a new deadline for Respondents' answer after the motion for reconsideration is resolved. Response to ECF No. 186 Motion due by 4/5/2019. Signed by Judge Larry R. Hicks on 3/18/2019. (Copies have been distributed pursuant to the NEF - KW)
February 4, 2019 Opinion or Order Filing 184 ORDERED that Respondents' Motion to Dismiss (ECF No. 161 ) is GRANTED IN PART AND DENIED IN PART as specified herein. IT IS FURTHER ORDERED that Petitioner's Motion for Evidentiary Hearing (ECF No. 167) is DENIED. IT IS FURTHER ORDERED that Respondents shall, within 120 days from the date of this order, file an answer, responding to the remaining claims in Petitioner's fourth amended habeas petition. (see pdf order for specifics.)IT IS FURTHER ORDERED t hat Petitioner's pro se motions (ECF Nos. 169 , 178 , 181 and 183 ) are DENIED without prejudice. IT IS FURTHER ORDERED that Respondents' motions to strike (ECF Nos. 170 , 180 and 182 ) are DENIED. IT IS FUR THER ORDERED that the Clerk of the Court is directed to place under seal Petitioner's pro se motions (ECF Nos. 169 , 178 , 181 and 183 ). IT IS FURTHER ORDERED that Petitioner's counsel are directed to consult with their client reg arding the disputes reflected in Petitioner's pro se motions. Petitioner's counsel shall, thereafter, within 60 days from the date of this order, file, under seal, a status report. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), William Gittere is substituted for Timothy Filson as the respondent warden, and Aaron Ford is substituted for Adam Paul Laxalt as the respondent state attorney general. The Clerk of the Court shall update the docket for this case to reflect these changes. Signed by Judge Larry R. Hicks on 2/4/2019. (Copies have been distributed pursuant to the NEF - DRM)
August 2, 2018 Opinion or Order Filing 172 ORDER granting ECF No. 171 Motion for Enlargement of Time to file reply in support of ECF No. 161 Motion to Dismiss and response to ECF No. 167 Motion for Evidentiary Hearing. Reply/Response due by 8/9/2018. Responses due by 8/9/2018. Signed by Judge Larry R. Hicks on 8/2/2018. (Copies have been distributed pursuant to the NEF - KW)
May 3, 2018 Opinion or Order Filing 166 ORDER GRANTING Motion for Extension of Time (ECF No. 165 ) : Response to ECF No. 161 Motion to Dismiss due by 7/3/2018. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered February 20, 2015 (ECF No. 94 ) will remain in effect. Signed by Judge Larry R. Hicks on 5/3/2018. (Copies have been distributed pursuant to the NEF - DRM)
April 13, 2018 Opinion or Order Filing 163 ORDER that the requests made by the petitioner in his pro se letter to the Court (ECF No. 162 ) are DENIED; Hernandez's letter will remain under seal; Clerk directed to serve a copy of Hernandez's letter on Hernandez's counsel (mailed to counsel on 4/13/2018); Clerk directed to not serve a copy of the letter on any other party. Signed by Judge Larry R. Hicks on 4/13/2018. (Copies have been distributed pursuant to the NEF - LH)
December 27, 2017 Opinion or Order Filing 160 ORDER granting ECF No. 159 Motion to Extend Time to respond to ECF No. 147 Fourth Amended Petition for Writ of Habeas Corpus. Response/answer due 3/3/2018. Signed by Judge Larry R. Hicks on 12/27/2017. (Copies have been distributed pursuant to the NEF - KW)
October 31, 2017 Opinion or Order Filing 158 AMENDED ORDER (re ECF No. 150 ) - Petitioner's Motion for Stay and Abeyance (ECF No. 145 ) is DENIED. FURTHER ORDERED that respondents shall file an answer or other response to petitioner's fourth amended petition for writ of habeas corpus within the time specified in the order entered October 26, 2017 (ECF No. 157 ). FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered on February 20, 2015 (ECF N o. 94 ) shall remain in effect. FURTHER ORDERED that this amended order is filed, replacing the order entered September 11, 2017 (ECF No. 150 ), to correct errors (regarding the petitioner's name, and regarding the number of claim s based on Hurst the petitioner asserts) at p. 4, lines 2 and 4. The Clerk of the Court is directed to restrict the original version of this order (ECF No. 150 ). Signed by Judge Larry R. Hicks on 10/31/2017. (Copies have been distributed pursuant to the NEF - DRM)
October 26, 2017 Opinion or Order Filing 157 ORDER denying ECF No. 151 Motion to Stay and granting ECF No. 155 Motion to Extend Time. Timothy Filson answer/response to fourth amended complaint due by 12/25/2017 Signed by Judge Larry R. Hicks on 10/26/2017. (Copies have been distributed pursuant to the NEF - LH)
September 11, 2017 Opinion or Order Filing 150 ORDER denying Petitioner's ECF No. 145 Motion for Stay and Abeyance; directing Respondents within 45 days to file answer or other response to ECF No. 147 Fourth Amended Petition. Signed by Judge Larry R. Hicks on 9/11/2017. (Copies have been distributed pursuant to the NEF - KR)
February 23, 2017 Opinion or Order Filing 146 ORDER denying without prejudice ECF Nos. 107 Motion to Dismiss and 118 Motion for Evidentiary Hearing; granting ECF No. 133 Motion for Leave to File; Petitioner shall have 10 days to file a Fourth Amended Petition for Writ of Habeas Corpus; Respondents shall have 30 days from the date of this order to file a response to Petitioner's Motion for Stay and petitioner shall have 30 days to file a reply; Court will not look favorably upon any motion t o extend this scheduled. It Is Further Ordered that the Court will set a schedule for respondents to further respond to petitioners fourth amended petition, if and when appropriate, following the resolution of petitioners motion for stay. Signed by Judge Larry R. Hicks on 02/23/2017. (Copies have been distributed pursuant to the NEF - KW)
February 10, 2017 Opinion or Order Filing 143 ORDER granting ECF No. 142 Petitioner's Motion for Extension of Time to file Reply to ECF No. 133 Motion for Leave to Supplement Third Amended Petition. Reply due by 2/15/2017. Signed by Judge Larry R. Hicks on 02/10/2017. (Copies have been distributed pursuant to the NEF - KW)
January 13, 2016 Opinion or Order Filing 106 ORDER GRANTING # 105 Motion to Extend Time : Answer/response to # 97 Third Amended Petition due 1/21/2016. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the # 94 Order entered February 20, 2015 shall remain in effect. Signed by Judge Larry R. Hicks on 1/13/2016. (Copies have been distributed pursuant to the NEF - DRM)
February 20, 2015 Opinion or Order Filing 94 ORDER granting 92 Motion to Vacate Stay and Reopen Proceeding. Third Amended Petition due within 60 days. Please see attached for further deadlines/details. Signed by Judge Larry R. Hicks on 2/20/15. (Copies have been distributed pursuant to the NEF - JC)
September 14, 2011 Opinion or Order Filing 82 ORDER granting 80 Motion to Substitute Party. Renee Baker substituted for E.K. McDaniel. Signed by Judge Larry R. Hicks on 9/13/11. (Caption changed) (Copies have been distributed pursuant to the NEF - LG)
December 14, 2009 Opinion or Order Filing 11 ORDER denying 10 petitioner's Motion to Unseal. See order re specifics. Signed by Judge Larry R. Hicks on 12/14/09. (Copies have been distributed pursuant to the NEF - SL)
October 5, 2009 Opinion or Order Filing 7 ORDER setting a telephonic status conference for Monday, 1/11/2010, at 10:00 AM in Reno Courtroom 5 before Judge Larry R. Hicks. Counsel for petitioner shall be prepared to advise the court whether the complete state-court record has been obtained, and, if not, what portions are missing, why they are missing, what efforts have been made to obtain them, and how long it will take to obtain them. Counsel for petitioner and counsel for respondents shall be prepared to discuss the schedule for fur ther litigation of this action. Counsel for petitioner and counsel for respondents shall be available at their respective telephone numbers ((702)-388-6577 for petitioners counsel, and (775) 684-1272 for respondents counsel) at the time set for the telephonic status conference or, alternatively, counsel may contact Rosemarie Miller (775 686-5829) to make other arrangements. See order re specifics. Signed by Judge Larry R. Hicks on 10/05/09. (Copies have been distributed pursuant to the NEF - SL)
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Petitioner: Fernando Navarro Hernandez
Represented By: Tiffani Hurst
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Respondent: E.K. MCDANIEL
Represented By: Catherine Cortez Masto
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Respondent: Catherine Cortez Masto
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