Hernandez v. MCDANIEL et al
| Fernando Navarro Hernandez |
| E.K. MCDANIEL and Catherine Cortez Masto |
| 3:2009cv00545 |
| September 18, 2009 |
| US District Court for the District of Nevada |
| Reno Office |
| White Pine |
| 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
343
ORDER - It is therefore ordered that the Motion (ECF No. 341 ) is granted. Respondents have up to and including July 29, 2024, to file their opposition to the motion for discovery and their response to the amended reply. Signed by Chief Judge Miranda M. Du on 7/16/2024. (Copies have been distributed pursuant to the NEF - GA)
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Filing
339
ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 338 ) is granted in part and denied in part. Respondents will have until July 11, 2024, to file their responses to Petitioner's amended reply, motion for leave to conduct discovery and motion for evidentiary hearing (ECF Nos. 322 , 324 , 325 ). 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 Chief Judge Miranda M. Du on 6/11/2024. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
335
ORDER - IT IS ORDERED that Respondents' Motion for Extension of Time (ECF No. 334 ) is GRANTED. Respondents will have until and including June 6, 2024, to file their responses to Petitioner's amended reply, motion fo r leave to conduct discovery, and motion for evidentiary hearing. 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 eff ect. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), John Henley is substituted for William Gittere as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. Signed by Judge Larry R. Hicks on 3/12/2024. (Copies have been distributed pursuant to the NEF - GA)
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Filing
332
ORDER - IT IS THEREFORE ORDERED that Respondents' Motion for Extension of Time (ECF No. 331 ) is GRANTED. Respondents will have until and including March 8, 2024, to file their responses to Petitioner's amended reply, mot ion for leave to conduct discovery (ECF No. 324 ), and motion for evidentiary hearing (ECF No. 325 ). 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 1/12/2024. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
330
ORDER IT IS THEREFORE ORDERED that Respondents' Motion for Extension of Time (ECF No. 329 ) is GRANTED. Respondents will have until and including January 9, 2024, to file their responses to Petitioner's amended reply (ECF No . 322 ), motion for leave to conduct discovery (ECF No. 324 ), and motion for evidentiary hearing (ECF No. 325 ). 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. (Responses due by 1/9/2024.) Signed by Judge Larry R. Hicks on 10/30/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
327
ORDER - IT IS THEREFORE ORDERED that Respondents Motion for Extension of Time (ECF No. 326 ) is GRANTED. Respondents will have until and including October 27, 2023, to file their responses to Petitioner's amended reply (ECF No. 322 ), motion for leave to conduct discovery (ECF No. 324 ), and motion for evidentiary hearing (ECF No. 325 ).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 9/14/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
321
ORDER - IT IS THEREFORE ORDERED that Petitioner's Motion for Extension of Time (ECF No. 320 ) is GRANTED. Petitioner will have until and including September 14, 2023, to file his amended reply.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 8/8/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
319
ORDER GRANTING ECF No. 318 Motion to Extend Time (First Request). IT IS THEREFORE ORDERED that Petitioner's Motion for Extension of Time (ECF No. 318 ) is GRANTED. Petitioner will have until and including July 31, 2023, to file his amended reply (7/31/2023). 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 5/1/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
316
ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 315 ) - IT IS THEREFORE ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 315 ) is GRANTED. Respondents will have until and including March 17, 2023, to file t heir amended answer (3/17/2023). 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. IT IS FURTHER ORDERED that, pursuant to Fe deral Rule of Civil Procedure 25(d), William Gittere is substituted for William Reubart as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. (Party substitution updated by Clerk.) Signed by Judge Larry R. Hicks on 3/14/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
314
ORDER granting 313 Motion to Extend Time; Amended answer due 03/13/23. In all other respects the schedule entered at ECF No. 94 remains in effect. Deadline set in Habeas Corpus case for 3/13/2023. Signed by Judge Larry R. Hicks on 1/26/2023. (Copies have been distributed pursuant to the NEF - LG)
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Filing
312
ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 311 ). Respondents' Motion for Enlargement of Time (ECF No. 311 ) is GRANTED. Respondents will have until and including January 27, 2023, to file their amended answer. 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 11/29/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
310
ORDER - Respondents' Motion for Enlargement of Time (ECF No. 309 ) is GRANTED. Respondents will have until and including November 28, 2022, to file their amended answer (re ECF No. 221 ). 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 9/6/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
307
ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 306 ) is DENIED as moot. IT IS FURTHER ORDERED that Petitioner's Motion for Evidentiary Hearing (ECF No. 304 ) and Motion for Leave to Conduct Discovery (ECF No . 305 ) are DENIED, as moot, and without prejudice. IT IS FURTHER ORDERED that Respondents will have 60 days from the date of this order (8/27/2022) to file an amended answer. In all other respects, the schedule for further proceedings will be governed by the order entered February 20, 2015 (ECF No. 94 ) (45 days for amended reply, etc.). Signed by Judge Larry R. Hicks on 6/28/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
299
ORDER GRANTING MOTION FOR EXTENSION OF TIME granting ECF No. 298 Motion to Extend Time. IT IS THEREFORE ORDERED that Petitioners Motion for Extension of Time (ECF No. 298) is GRANTED. Petitioner will have until and including May 4, 202 2, to file his reply. 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. IT IS FURTHER ORDERED that, pursuant to Federal Rul e of Civil Procedure 25(d), William Reubart is substituted for William Gittere as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. Signed by Judge Larry R. Hicks on 5/2/2022. (Copies have been distributed pursuant to the NEF - CJD)
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Filing
294
ORDER granting ECF No. 293 Motion for Extension of Time. Petitioner will have until and including March 26, 2022, to file his reply to ECF No. 285 Answer to Amended Habeas Petition. 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 2/1/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
291
ORDER - IT IS ORDERED that Petitioner's Motion for Extension of Time (ECF No. 290 ) is GRANTED. Petitioner will have until and including January 25, 2022, to file his reply. 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 12/2/2021. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
289
ORDER granting ECF No. 288 Motion to Extend Time. Petitioner will have until and including November 26, 2021, to file his reply to ECF No. 285 Answer to Amended Habeas Petition. 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 8/31/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
281
ORDERED that Respondents' Motion to Strike (ECF No. 278 ) is GRANTED. Petitioner's Pro Se Motion for Appropriate Relief (ECF No. 277 ) will is stricken from the record. The Clerk of the Court is directed to update the docket as necessary to reflect this order. Signed by Judge Larry R. Hicks on 6/9/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
280
ORDER granting ECF No. 279 Motion to Extend Time. Respondents will have until and including July 7, 2021, to file their answer. 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 6/7/2021. (Copies have been distributed pursuant to the NEF - SC)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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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