Brown v. McDaniel et al
Petitioner: Christopher Brown
Respondent: E.K. McDaniel and Attorney General of the State of Nevada
Case Number: 3:2009cv00557
Filed: October 7, 2009
Court: US District Court for the District of Nevada
Office: Reno Office
County: White Pine
Presiding Judge:
Presiding Judge: Valerie P. Cooke
Presiding Judge: Larry R. Hicks
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 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
March 30, 2018 Opinion or Order Filing 66 ORDER that the first amended petition ECF No. 12 is denied; Clerk directed to enter judgment and close action; a certficate of appealability is granted as to the Court's determination that Hardy does not apply. A certficate of appealability is otherwise denied. Signed by Judge Miranda M. Du on 3/30/2018. (Copies have been distributed pursuant to the NEF - KW)
February 2, 2016 Opinion or Order Filing 48 ORDERED that respondents' # 36 Motion to dismiss is GRANTED in part : Grounds 2(A), 2(B), 2(D), 2(G), 3(C), and 3(E) are DISMISSED with prejudice. FURTHER ORDERED answer due 3/18/2016; and, reply due 45 days after service of answer. Signed by Judge Larry R. Hicks on 2/1/2016. (Copies have been distributed pursuant to the NEF - DRM)
March 3, 2015 Opinion or Order Filing 35 ORDER GRANTING # 34 Motion to file late pleading : Answer to # 12 First amended complaint due by 4/3/2015. Signed by Judge Larry R. Hicks on 3/3/2015. (Copies have been distributed pursuant to the NEF - DRM)
December 19, 2014 Opinion or Order Filing 33 ORDER granting 31 motion to reopen case; reinstating this action; directing that 32 exhibits be considered additional exhibits to 12 first amended petition. Respondents to respond to 12 first amended petition with 45 days; pet itioner to reply within 45 days thereafter. Hard copies of any exhibits shall be forwarded, for this case, to staff attorneys in Las Vegas. Signed by Judge Larry R. Hicks on 12/18/2014. (Copies have been distributed pursuant to the NEF - KR)
August 15, 2011 Opinion or Order Filing 28 ORDERED that Rs' # 21 Motion to dismiss is GRANTED in part. Grounds 2(A), 2(B), 2(D), 2(G), 3(B), 3(C), 3(D), and 3(E) of the # 12 First amended petition are unexhausted. Grounds 3(A) and 5 of the first amended petition (#12) are DISMISSED wi th prejudice because they are procedurally defaulted. FURTHER ORDERED that P shall file as an exhibit a complete copy of the transcript of his state-court post-conviction evidentiary hearing is due by 9/15/2011. FURTHER ORDERED that P's # 24 M otion for issuance of stay and abeyance order is GRANTED. FURTHER ORDERED that this action is STAYED pending exhaustion of the unexhausted claims. P shall return to this court with a motion to reopen within 60 days of issuance of the remittitur. FURTHER ORDERED that the clerk of court shall administratively close this action until such time as the court grants a motion to reopen the action. Signed by Judge Larry R. Hicks on 8/15/2011. (Copies have been distributed pursuant to the NEF - DRM)
October 8, 2010 Opinion or Order Filing 17 AMENDED ORDER: Re: 16 Order. IT IS ORDERED that the Clerk shall add Attorney General Catherine Cortez Masto as counsel for respondents and shall make informal electronic service of this order and the petition 12 (Ack'd). IT IS ORDE RED that respondents shall have forty-five (45) days to answer or plead to the first amended petition 12 . If respondents file an answer, the petitioner shall have forty-five (45) days to file a reply. (Responses due by 11/26/2010.) Signed by Judge Larry R. Hicks on 10/07/2010. (Copies have been distributed pursuant to the NEF - MLC) Modified on 10/12/2010 to reflect that the Attorney General was added to docket and made electronic notification. NEF Regenerated. (MLC).
August 3, 2010 Opinion or Order Filing 16 ORDER. IT IS ORDERED that Rs shall have 45 days from the date on which this order is entered to answer the 12 first amend pet. If Rs file and serve an answer, then P shall have 45 days from the date on which the answer is served to file a reply. Signed by Judge Larry R. Hicks on 7/30/2010. (Copies have been distributed pursuant to the NEF - PM)
April 6, 2010 Opinion or Order Filing 11 ORDER granting 10 Second MOTION to Extend Time regarding MOTION FOR AN ENLARGEMENT OF TIME IN WHICH TO FILE AMENDED PETITION FOR WRIT OF HABEAS CORPUS. (Amended Petition for Writ of Habeas Corpus due by 5/3/2010.) Signed by Judge Larry R. Hicks on 4/5/2010. (Copies have been distributed pursuant to the NEF - EM)
January 11, 2010 Opinion or Order Filing 9 ORDER granting 8 petitioner's Motion to Extend Time to file an Amended Petition. ( Amended Petition due by 4/2/2010.) Signed by Judge Larry R. Hicks on 1/8/10. (Copies have been distributed pursuant to the NEF - SL)
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Petitioner: Christopher Brown
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Respondent: E.K. McDaniel
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Respondent: Attorney General of the State of Nevada
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