Mulder v. MCDANIEL et al
| 3:2009cv00610 |
| October 15, 2009 |
| US District Court for the District of Nevada |
| Death Penalty - Habeas Corpus Office |
| Robert A. McQuaid |
| Philip M. Pro |
| None |
| Federal Question |
| 28:2254 Petition for Writ of Habeas Corpus (State) |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
242
ORDER - IT IS THEREFORE ORDERED that respondents' motion to extend time (ECF No. 241 ) is GRANTED. The responses are due January 26, 2024 as to ECF Nos. 225 , 226 , 227 . In all other respects, the schedule set forth in the court's order of May 2, 2019, (ECF No. 162 ) remains in effect. Signed by Judge Cristina D. Silva on 12/1/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
235
ORDER granting ECF No. 233 Stipulation for Extension of Time. Respondents have until July 18, 2023 to file a Revised Opposition/Response to ECF No. 230 Motion for Appointment of Counsel. See order for additional specifics. Signed by Judge Cristina D. Silva on 6/21/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
224
ORDER - IT IS THEREFORE ORDERED that petitioner's motion to extend time to file his reply (ECF No. 223 ) is GRANTED. The reply is due May 1, 2023 (5/1/2023). In all other respects, the schedule set forth in the court's order of May 2, 2019, (ECF No. 162 ) remains in effect. Signed by Judge Cristina D. Silva on 4/25/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
222
ORDER - Petitioner's motion to extend time to file his reply (ECF No. 221 ) is GRANTED. The reply is due April 24, 2023. In all other respects, the schedule set forth in the court's order of May 2, 2019, (ECF No. 162 ) remains in effect. Signed by Judge Cristina D. Silva on 3/6/2023. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
220
ORDER granting ECF No. 219 Motion to Extend Time. The reply is due February 23, 2023 (2/23/2023) as to ECF Nos. 218 Answer to 165 Amended Habeas Petition. In all other respects, the schedule set forth in the courts order of May 2, 2019, (ECF No. 162 ) remains in effect. Signed by Judge Cristina D. Silva on 11/28/2022. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
217
ORDER - IT IS THEREFORE ORDERED that respondents' motion to extend time to file their file their answer (ECF No. 216 ) is GRANTED. The answer is due October 11, 2022. In all other respects, the schedule set forth in the court's order of May 2, 2019, (ECF No. 162 ) remains in effect. Signed by Judge Cristina D. Silva on 8/22/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
214
ORDER - IT IS THEREFORE ORDERED that respondents motion to extend time to file their file their answer (ECF No. 213 ) is GRANTED. The answer is due August 12, 2022. In all other respects, the schedule set forth in the courts order of May 2, 2019, (ECF No. 162 ) remains in effect. Signed by District Judge Cristina D. Silva on 6/14/2022. (Copies have been distributed pursuant to the NEF - CJD)
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Filing
211
ORDER Granting Motion to Extend Time (ECF No. 210 ). Respondents move to extend time to file their answer to the remaining claims in petitioner's second-amended petition for writ of habeas corpus. The court finds that respondents' re quest is made in good faith and not solely for the purpose of delay. So, with good cause appearing, IT IS THEREFORE ORDERED that respondents' motion to extend time to file their file their answer (ECF No. 210 ) is GRANTED. The answer is due June 13, 2022. In all other respects, the schedule set forth in the court's order of May 2, 2019, remains in effect. Signed by Judge Jennifer A. Dorsey on 4/15/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
209
ORDER granting ECF No. 208 Motion to Extend Time. The answer is due April 12, 2022. In all other respects, the schedule set forth in the court's order of May 2, 2019 (ECF No. 162 ) remains in effect. Signed by Judge Jennifer A. Dorsey on 1/28/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
206
ORDER granting in part and denying in part ECF No. 174 Motion to Dismiss. The following claims in petitioner's second-amended habeas petition are dismissed: Claims 2, 3(A), 3(C), 3(F)(1), 4, 5, and 714, except for the trial IAC claims embedded in Claims 5, 8, and 9 and the appellate IAC claim in Claim 12 premised on counsel's failure to challenge the trial court's instruction on premeditation and deliberation; In all other respects, the motion to dismiss is denied. Peti tioner's motions for leave to conduct discovery and for an evidentiary hearing [ECF Nos. 185 and 187 are DENIED. Respondents have until January 27, 2022, to file an answer responding to the remaining claims in petitioner's second-amended petition for writ of habeas corpus (ECF No. 165 ). In all other respects, the schedule set forth in my May 2, 2019, order (ECF No. 162 ) remains in effect. Signed by Judge Jennifer A. Dorsey on 9/30/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
195
ORDER granting ECF No. 194 Motion to Extend Time. Respondents' Reply in Support of the Motion to Dismiss (ECF No. 174 ) is due March 5, 2021. Respondents' Responses to the Motions for Discovery (ECF No. 185 ) and an Evid entiary Hearing (ECF No. 187 ) are due March 5, 2021. In all other respects, the schedule set forth in the Court's Order of May 2, 2019 (ECF No. 162 ), remains in effect. Signed by Judge Jennifer A. Dorsey on 1/8/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
193
ORDER granting ECF No. 192 Motion to Extend Time. Respondents' Reply in Support of their Motion to Dismiss (ECF No. 174 ) is due January 4, 2021. Respondents' Responses to the Motions for Discovery (ECF No. 185 ) and an Ev identiary Hearing (ECF No. 187 ) are due January 4, 2021. In all other respects, the schedule set forth in the Court's Order of May 2, 2019 (ECF No. 162 ) remains in effect. Signed by Judge Jennifer A. Dorsey on 11/2/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
191
ORDER granting ECF No. 190 Motion to Extend Time. Respondents' Reply in Support of their Motion to Dismiss (ECF No. 174 ) is due November 2, 2020. Respondents' Responses to the Motions for Discovery (ECF No. 185 ) and an Evidentiary Hearing (ECF No. 187 ) are due November 2, 2020. In all other respects, the schedule set forth in the Court's Order of May 2, 2019 (ECF No. 162 ) remains in effect. Signed by Judge Jennifer A. Dorsey on 9/4/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
180
ORDER that petitioner's motion to extend time to file his response to respondents' motion to dismiss and to file motions for discovery and an evidentiary hearing (ECF No. 179 ) is GRANTED. The response and motions are due July 31, 2020. In all other respects, the schedule set forth in the court's order of May 2, 2019, remains in effect. Signed by Judge Jennifer A. Dorsey on 6/19/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
178
ORDER granting ECF No. 177 Motion to Extend Time. The response and motions are due June 16, 2020. In all other respects, the schedule set forth in the courts order of May 2, 2019, remains in effect. Signed by Judge Jennifer A. Dorsey on 5/1/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
173
ORDER GRANTING ECF No. 172 Motion to Extend Time. The response to the second amended petition is due February 17, 2020. In all other respects, the schedule set forth in the court's order of May 2, 2019 (ECF No. 162 ) remains in effect. Signed by Judge Jennifer A. Dorsey on 1/22/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
171
ORDER - ECF No. 170 Motion to Extend Time is granted. ECF No. 169 Motion to Extend Time is denied as moot. Defendants' Answers/Responses due 1/16/2020. Signed by Judge Jennifer A. Dorsey on 12/16/2019. (Copies have been distributed pursuant to the NEF - AB) Modified on 12/16/2019 for font (AB).
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Filing
164
ORDER that petitioner's motion to extend time to file his second amended petition for writ of habeas corpus [ECF No. 163 ] is GRANTED. The second amended petition is due 8/15/2019. In all other respects, the schedule set forth in the court's order of May 2, 2019 (ECF No. 162 ) remains in effect. Signed by Judge Jennifer A. Dorsey on 7/1/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
162
ORDER GRANTING ECF No. 159 Motion to Lift Stay and Setting Deadlines : Amended Petition due by 7/1/2019. (See pdf order for additional deadlines.) Signed by Judge Jennifer A. Dorsey on 5/2/2019. (Case stay lifted.) (Copies have been distributed pursuant to the NEF - DRM)
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Filing
142
ORDER denying Respondents' 99 motion to dismiss; denying without prejudice Petitioner's 116 motion for summary judgment; granting Petitioner's 117 motion for stay and abeyance. This action is stayed while Petitioner exhausts his unexhausted claims in state court. Petitioner shall file and serve a status report on or before 12/15/2014 and every 6 months thereafter during the stay; Respondents may respond within 15 days, and petitioner may reply within 15 days. Petitioner shall have 30 days to initiate the appropriate state court proceeding if he has not yet done so. Within 30 days following the conclusion of state court proceedings, petitioner shall make a motion to lift the stay. Signed by Judge Philip M. Pro on 9/8/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
110
ORDERED that petitioner's # 109 Motion for permission to appeal is DENIED. Signed by Judge Philip M. Pro on 11/13/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
108
ORDER denying 96 Motion for Reconsideration. Petitioner's response to 99 Motion to dismiss due by 11/22/2013. Signed by Judge Philip M. Pro on 10/23/2013. (Copies have been distributed pursuant to the NEF - KR)
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Filing
92
ORDER Respondents shall file response to amended petition 7 on or before 8/1/2013. Petitioner may move for stay any time prior to that date. On or before 6/10/2013, parties shall file joint statement advising the court whether they wish to engage in further settlement discussions and, if so, whether they want the magistrate judge assigned to this case to assist with those discussions. Signed by Judge Philip M. Pro on 5/1/13. (Copies have been distributed pursuant to the NEF - JC)
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Filing
74
ORDERED that P's # 18 Motion to stay federal habeas corpus proceedings is GRANTED. Signed by Judge Philip M. Pro on 9/26/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
47
ORDERED that each party shall file a pre-hearing brief as discussed above on or before June 20, 2011. IT IS FURTHER ORDERED that each party shall file its response to the other partys brief on or before June 30, 2011. Signed by Judge Philip M. Pro on 6/8/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
43
ORDER. IT IS ORDERED that a telephonic status conference shall be held on Tuesday, 02/01/2011 at 2:30 p.m. Counsel shall be available at their respective numbers ten minutes prior to the time set for the conference. To make other arrangeme nts, counsel shall contact Donna Andrews (702) 464-5426. FURTHER ORDERED that counsel shall confer with one another in advance of the status conference, and shall attempt to reach agreement regarding each of the matters to be addressed at the conference. (See Order for specifics)(Telephonic Status Conference set for 2/1/2011 2:30 PM in LV before Judge Philip M. Pro.) Signed by Judge Philip M. Pro on 1/11/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
27
ORDER GRANTING Rs' 23 Motion for psychological examination. FURTHER ORD Rs shall designate expert(s) by 5/25/2010. FURTHER ORD Rs shall have their experts complete examination by 7/9/2010. FURTHER ORD GRANTING Rs' 25 Motion for extension of time : Rs' response to 18 / 19 Motion due by 8/8/2010; P's reply due 20 days thereafter. Signed by Judge Philip M. Pro on 5/10/2010. (Copies have been distributed pursuant to the NEF - DRM)
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