Guardado v. Nevada Attorney General, et al
Case Number: 3:2010cv00103
Filed: February 22, 2010
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge:
Presiding Judge: Larry R. Hicks
Presiding Judge: Robert A. McQuaid
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
August 25, 2017 Opinion or Order Filing 77 ORDER that Guardado's petition for a writ of habeas corpus is denied on the merits, and this action is dismissed with prejudice; a certificate of appealability is denied; Clerk is directed to enter judgment, in favor of respondents and against Guardado. Signed by Judge Miranda M. Du on 08/25/2017. (Copies have been distributed pursuant to the NEF - KW)
September 14, 2015 Opinion or Order Filing 64 ORDER granting 58 Motion to Amend 57 Judgment; directing Clerk to reopen this action; and directing respondents to file answer to Ground 2 of amended petition within 45 days. Please see attached for additional details and deadlines. Signed by Judge Miranda M. Du on 9/14/15. (Copies have been distributed pursuant to the NEF - JC)
February 5, 2015 Opinion or Order Filing 56 ORDER DISMISSING CASE. Petitioner's renewed motion for appointment of counsel 52 is denied. Motion to dismiss 48 is granted. Amended petition dismissed with prejudice as procedurally barred. Petitioner is denied certificate of appealability. Clerk shall enter judgment accordingly. Signed by Judge Miranda M. Du on 2/5/15. (Copies have been distributed pursuant to the NEF - JC)
September 10, 2014 Opinion or Order Filing 54 ORDER denying 39 Motion for District Judge to Reconsider Order; denying 40 Renewed Motion for Appointment of Counsel; granting nunc pro tunc 42 Motion for Extension of Time; denying 41 Motion for Order to Show Cause; granting nunc pro tunc 46 Motion for Extension of Time; and denying 45 Motion to Appoint Counsel. Signed by Judge Miranda M. Du on 9/10/14. (Copies have been distributed pursuant to the NEF - JC)
November 21, 2013 Opinion or Order Filing 38 ORDER granting 36 motion to reopen case; denying 37 motion to appoint counsel. The clerk shall reopen the file. Petitioner shall have 30 days to file and serve an amended petition (due by 12/21/2013). Copies of all exhibits shall be sent to the staff attorneys in Reno. Signed by Judge Larry R. Hicks on 11/21/2013. (Copies have been distributed pursuant to the NEF - KR)
December 27, 2011 Opinion or Order Filing 35 ORDERED that P's # 32 Motion for stay and abeyance is GRANTED. This action is STAYED pending exhaustion. P may move to reopen the matter following exhaustion. FURTHER ORD that the grant of a stay is conditioned upon P filing a state post-c onviction petition or other appropriate proceeding in state court within 45 days from the entry of this order and returning to federal court with a motion to reopen within 45 days of issuance of the remittitur by the Supreme Court of Nevada at the co nclusion of the state court proceedings. FURTHER ORD that P's request for the appointment of counsel is DENIED. FURTHER ORD the clerk shall ADMINISTRATIVELY CLOSE this action, until such time as the court grants a motion to reopen the matter. Signed by Judge Larry R. Hicks on 12/22/2011. (Copies have been distributed pursuant to the NEF - DRM)
September 12, 2011 Opinion or Order Filing 31 ORDER - Rs' # 15 Motion to dismiss the petition is GRANTED in part, and DENIED in part, as follows: ( see pdf order for specifics ) FURTHER ORD that by 10/13/2011 P shall either inform court re abandonment of unexhausted claims; or that he wis hes to dismiss this petition in order to return to state court to exhaust; or file a motion for stay and abeyance. FURTHER ORD if P elects to abandon unexhausted grounds, then Rs' answer to remaining grounds due 30 days from declaration of abandonment. FURTHER ORD P's reply due 30 days following answer. FURTHER ORD this case may be dismissed if P fails to respond to this order. Signed by Judge Larry R. Hicks on 9/9/2011. (Copies have been distributed pursuant to the NEF - DRM)
April 26, 2010 Opinion or Order Filing 8 ORDER. IT IS ORDERED that the 5 app to proceed ifp is DENIED as moot. FURTH ORD that the Clerk SHALL FILE the petition for whc. FURTH ORD that P's motion for leave to file a longer than normal petition is GRANTED. FURTH ORD that P' ;s 6 motion for appt of cnsl is DENIED. FURTH ORD that P's 4 motion for stay is GRANTED. P shall immed inform this Court of the resolution of his motion to withdraw his guilty plea, now pending in the Second Judicial District Court. Signed by Judge Larry R. Hicks on 4/26/2010. (Copies have been distributed pursuant to the NEF - PM)
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