Volpicelli v. Palmer
Case Number: 3:2010cv00005
Filed: January 5, 2010
Court: US District Court for the District of Nevada
Office: Reno Office
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

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Date Filed Document Text
April 19, 2022 Opinion or Order Filing 94 ORDER - A certificate of appealability is denied. See attached PDF Order for specifications. Signed by Judge Robert C. Jones on 4/19/2022. (Copies have been distributed pursuant to the NEF - HKL)
January 13, 2022 Opinion or Order Filing 84 ORDERED that Volpicelli's motion for relief from judgment under Fed. R. Civ. P. 60(b) (ECF No. 66 ) is DENIED. Volpicelli's motion for appointment of counsel (ECF No. 65 ) and motion to stay proceedings (ECF No. 76 ) are < b>DENIED as moot. All pending motions for extension of time (ECF Nos. 67 , 68 , 70 , 71 , 74 , 78 , and 79 ) are GRANTED nunc pro tunc as of their respective filing dates. Volpicelli's motion to order clerk to prov ide filed ECFs to petitioner (ECF No. 81 ) and motion for electronic service (ECF No. 82 ) are GRANTED. The Clerk is directed to electronically deliver ECF Nos. 76 and 77 to Volpicelli at lcclawlibrary@doc.nv.gov. (ECF Nos. 76 , 77 ad hot NEFs regenerated to P at lcclawlibrary@doc.nv.gov on 1/13/2022.) Signed by Judge Robert C. Jones on 1/13/2022. (Copies have been distributed pursuant to the NEF - DRM)
April 30, 2015 Opinion or Order Filing 58 ORDER denying in its entirety 7 Petition; directing Clerk to enter judgment accordingly and close this case; denying a certificate of appealability. Signed by Judge Robert C. Jones on 4/30/2015. (Copies have been distributed pursuant to the NEF - KR)
September 30, 2013 Opinion or Order Filing 56 ORDER granting 50 Motion for Leave to File Excess Pages and denying 52 Motion to Take Judicial Notice. Signed by Judge Larry R. Hicks on 9/30/13. (Copies have been distributed pursuant to the NEF - JC)
November 20, 2012 Opinion or Order Filing 48 ORDER granting 47 Motion for Partial Dismissal. Claims dismissed as noted in attached. Respondents to file answer to remaining claims within 30 days. Signed by Judge Larry R. Hicks on 11/19/12. (Copies have been distributed pursuant to the NEF - JC)
October 16, 2012 Opinion or Order Filing 46 ORDER Petitioner's request for certification for an interlocutory appeal is DENIED. Petitioner shall have 30 days to mail for filing a motion for dismissal that clearly and unequivocally seeks dismissal of unexhausted claims using same lan guage in subparagraphs 3(a) through (g) on page 25 of 38 Order. If petitioner does not timely do so, entire petition will be dismissed without further notice. No extension of time will be granted. Signed by Judge Larry R. Hicks on 10/9/12. (Copies have been distributed pursuant to the NEF - JC)
July 30, 2012 Opinion or Order Filing 42 ORDER DENYING P's 39 Motion to Stay. P's motion that clearly and unequivocally seeks the dismissal of the unexhausted claims is due by 8/29/2012. Signed by Judge Larry R. Hicks on 7/27/2012. (Copies have been distributed pursuant to the NEF - DRM)
May 17, 2012 Opinion or Order Filing 38 ORDER. IT IS ORDERED that respondents' motion to dismiss 19 is GRANTED IN PART. IT FURTHER IS ORDERED that petitioner shall have thirty (30) days from entry of this order within which to mail to the Clerk for filing a motion for dismissal wi thout prejudice of the entire petition, for partial dismissal only of the unexhausted claims, and/or for other appropriate relief. IT FURTHER IS ORDERED that the standard opposition (14 days from service of the motion)and reply (7 days from service o f the opposition) times under Local Rule LR 7-2 shall apply to any motion filed. IT FURTHER IS ORDERED that petitioners motion (#34) for leave to file a traverse to the reply or in the alternative renewed motion for counsel is DENIED. IT FURTHER IS ORDERED that respondents' motion (#36) to substitute party is GRANTED, and Robert LeGrand shall be substituted for Jack Palmer as a respondent. IT FURTHER IS ORDERED that, notwithstanding any prior order, respondents may provide petitioner cop ies of Sealed Exhibits 2 and 3 in #27 and, in their discretion, may enable petitioner to review Sealed Exhibit 1in #27 in a manner consistent with the applicable administrative regulations and institutional procedures. (See Order for specifics)(Notice of Compliance is due by 6/16/2012.) Signed by Judge Larry R. Hicks on 5/16/2012. (Copies have been distributed pursuant to the NEF - MLC)
July 13, 2011 Opinion or Order Filing 17 ORDERED Rs' Answer/response to 7 Petition is due 9/11/2011. ( see pdf order for additional specifics ) FURTHER ORDERED that P shall have 30 days from service of the answer, motion to dismiss, or other response to file a reply or opposition. The deadline established by this order shall override any shorter deadline in a minute order issued pursuant to the Klingele decision. Signed by Judge Larry R. Hicks on 7/12/2011. (Copies have been distributed pursuant to the NEF - DRM)
March 14, 2011 Opinion or Order Filing 13 ORDER. Following upon the Courts prior order, see #11, at 2, lines 1-3,IT IS ORDERED that petitioner's motion 9 to file copies only of the state court written decisions is GRANTED to the extent consistent with the prior order 11 directing respondents to file a limited records-only response. Respondents' response deadline remains 4/9/2011 as per the prior order. Signed by Judge Larry R. Hicks on 3/13/2011. (Copies have been distributed pursuant to the NEF - MLC)
February 7, 2011 Opinion or Order Filing 11 ORDERED that P's # 8 Motion for appointment of counsel is DENIED. FURTHER ORD the Clerk shall add AG as counsel for Rs and shall make informal electronic service of this order together with an attachment with copies of ## 7 & 9 upon Rs by directing a notice of electronic filing to AG. ( Specified E- service performed 2/8/2011. ) Counsel shall enter a notice of appearance by 2/28/2011. FURTHER ORD that by 4/9/2011 Rs shall file -- and serve upon P -- an indexed set of exhibits with co pies (as specified herein). FURTHER ORD the exhibits shall be filed with a separate index of exhibits identifying the exhibits by number or letter. No further response other than the above is required from Rs at this time, as the matter remai ns under screening review. FURTHER ORD henceforth P shall serve Rs' counsel w copy of every pleading submitted for consideration w certificate of service. Signed by Judge Larry R. Hicks on 2/5/2011. ( Attachments: # 1 Doc #7 Part 1, # 2 Doc #7 Part 2, # 3 Doc #9 )(Copies have been distributed pursuant to the NEF - DRM)
April 27, 2010 Opinion or Order Filing 6 ORDERED Clerk shall file the petition and motion for appt of cnsl but shall withhold service at this time. FURTHER ORD P shall file a supplemental exhbit by 5/27/2010 as specified herein (see pdf order). FURTHER ORD this action may be dismissed if P fails to both fuly and timely comply with this order Clerk shall send P a copy of the petition that he submitted. ( Mailed to P 4/27/2010 ) ( P's Supplemental exhibits due by 5/27/2010.) Signed by Judge Larry R. Hicks on 4/26/2010. (Copies have been distributed pursuant to the NEF - DRM)
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