Middleton v. MCDANIEL et al

Middleton v. MCDANIEL et al

Case Number:	3:2009cv00638
Filed:	October 28, 2009
Court:	US District Court for the District of Nevada
Office:	Death Penalty - Habeas Corpus Office
Presiding Judge:
Presiding Judge:	Kent J. Dawson
Presiding Judge:	Robert A. McQuaid
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
March 29, 2018	Filing 147 ORDER that petitioner's motion to continue stay and abeyance (ECF No. 139 ) is GRANTED; the stay in this proceeding shall remain in effect subject to the conditions set forth in ECF No. 115 Order. Signed by Judge Kent J. Dawson on 3/29/2018. (Copies have been distributed pursuant to the NEF - LH)
September 19, 2011	Filing 115 ORDERED that P's # 106 Motion for reconsideration is GRANTED. FURTHER ORD that this action is STAYED to allow P to exhaust, in state court, all his unexhausted claims for habeas corpus relief. FURTHER ORD that following the conclusion of Ps state court proceedings, P shall, within 30 days, make a motion to lift the stay. FURTHER ORD that this action shall be subject to dismissal upon a motion by respondents if P does not comply with the time limits in this order. FURTHER ORD this will be the final opportunity that this court provides to P to return to state court to exhaust claims for habeas corpus relief. FURTHER ORD that, on or before December 15, 2011, petitioner shall file and serve a status report, describing the status of his state court proceedings. Thereafter, during the stay of this action, petitioner shall file such a status report every 6 months. Response due 15 days after its service; replies due 15 days thereafter. FURTHER ORD that Rs' # 41 Motion to Dis miss is DENIED as moot. FURTHER ORD that P's # 98 Motion for an Evidentiary Hearing is DENIED as moot. FURTHER ORD that P's # 100 Motion for Discovery is DENIED as moot. FURTHER ORD that Rs' # 114 Motion for Substitution of Respo ndent is GRANTED. The Clerk of the Court shall substitute Renee Baker for E.K. McDaniel, on the docket, as the respondent warden in this action, and shall update the caption of the action to reflect this change. Signed by Judge Kent J. Dawson on 9/19/2011. (Copies have been distributed pursuant to the NEF - DRM)

Date Filed

Document Text

March 29, 2018

Filing 147 ORDER that petitioner's motion to continue stay and abeyance (ECF No. 139 ) is GRANTED; the stay in this proceeding shall remain in effect subject to the conditions set forth in ECF No. 115 Order. Signed by Judge Kent J. Dawson on 3/29/2018. (Copies have been distributed pursuant to the NEF - LH)

September 19, 2011

Filing 115 ORDERED that P's # 106 Motion for reconsideration is GRANTED. FURTHER ORD that this action is STAYED to allow P to exhaust, in state court, all his unexhausted claims for habeas corpus relief. FURTHER ORD that following the conclusion of Ps state court proceedings, P shall, within 30 days, make a motion to lift the stay. FURTHER ORD that this action shall be subject to dismissal upon a motion by respondents if P does not comply with the time limits in this order. FURTHER ORD this will be the final opportunity that this court provides to P to return to state court to exhaust claims for habeas corpus relief. FURTHER ORD that, on or before December 15, 2011, petitioner shall file and serve a status report, describing the status of his state court proceedings. Thereafter, during the stay of this action, petitioner shall file such a status report every 6 months. Response due 15 days after its service; replies due 15 days thereafter. FURTHER ORD that Rs' # 41 Motion to Dis miss is DENIED as moot. FURTHER ORD that P's # 98 Motion for an Evidentiary Hearing is DENIED as moot. FURTHER ORD that P's # 100 Motion for Discovery is DENIED as moot. FURTHER ORD that Rs' # 114 Motion for Substitution of Respo ndent is GRANTED. The Clerk of the Court shall substitute Renee Baker for E.K. McDaniel, on the docket, as the respondent warden in this action, and shall update the caption of the action to reflect this change. Signed by Judge Kent J. Dawson on 9/19/2011. (Copies have been distributed pursuant to the NEF - DRM)

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