Vanisi v. McDaniel et al
| Siaosi Vanisi |
| E.K. McDaniel and Nevada Attorney General |
| 3:2010cv00448 |
| July 19, 2010 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Roger L. Hunt |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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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
107
Order Dismissing Action and Closing Case - It is therefore ordered that this action is dismissed, as moot, on account of the petitioners death. The Clerk of the Court is directed to enter judgment accordingly and close this case. Signed by Judge Cristina D. Silva on 11/16/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
103
ORDER GRANTING ECF No. 102 Motion to Extend Time : Petitioner will have until and including October 16, 2023, to file his second amended habeas petition. In all other respects, the schedule for further proceedings set forth in the order entered March 6, 2023 (ECF No. 95 ) will remain in effect. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), Jeremy Bean is substituted for William Gittere as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. Signed by Judge Cristina D. Silva on 10/6/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
101
ORDER Granting Petitioner's Motion for Extension of Time (ECF No. 100 ) - IT IS THEREFORE ORDERED that petitioners motion for extension of time (ECF No. 100 ) is GRANTED. Petitioner will have until and including October 2, 2023 (10/2/2023), to file his second amended habeas petition. In all other respects, the schedule for further proceedings set forth in the order entered March 6, 2023 (ECF No. 95 ) will remain in effect. Signed by Judge Cristina D. Silva on 8/4/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
99
It is ordered that respondents' motion to waive compliance with LSR 3-3 (ECF No. 97 ) is GRANTED. Respondents are granted leave of court to file a complete set of exhibits, jointly with petitioner, with new numbering, as described in the ir motion to waive compliance with LSR 3-3 (ECF No. 97 ). It is ordered that petitioner's motion for extension of time (ECF No. 98 ) is GRANTED. Petitioner will have until and including August 3, 2023, to file his second amen ded habeas petition. In all other respects, the schedule for further proceedings set forth in the order entered March 6, 2023, (ECF No. 95 ) will remain in effect. Signed by Judge Cristina D. Silva on 5/8/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
95
ORDER (ECF No. 90 ) - IT IS THEREFORE ORDERED that petitioner's Motion to Vacate Stay and Reopen Capital Habeas Proceedings (ECF No. 90 ) is GRANTED. The stay of this action is lifted. IT IS FURTHER ORDERED that the following sc hedule will govern the further proceedings in this action. Petitioner will have 60 days from the date of this order to file a second amended petition for writ of habeas corpus as detailed herein (5/5/2023). Respondents will have 90 days following the filing of the second amended petition to file an answer or other response to the second amended petition. Petitioner will have 60 days following the filing of an answer to file a reply. Respondents will thereafter have 45 da ys following the filing of a reply to file a response to the reply. If respondents file a motion to dismiss, petitioner will have 60 days following the filing of the motion to file a response to the motion. Respondents will thereafter have 45 days following the filing of the response to file a reply. If petitioner wishes to move for leave to conduct discovery, petitioner must file such motion concurrently with, but separate from, the response to respondents' motion to dism iss or the reply to respondents' answer as detailed herein. If petitioner wishes to request an evidentiary hearing, petitioner must file a motion for an evidentiary hearing concurrently with, but separate from, the response to respondents' motion to dismiss or the reply to respondents' answer as detailed herein. Signed by Judge Cristina D. Silva on 3/6/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
80
ORDER that Vanisi's apparent request to remove the FPD from his case at this time (ECF No. 79 ) is denied; the Clerk directed to substitute William Gittere for Timothy Filson, on the docket for this case, as the Respondent warden. Signed by Judge Miranda M. Du on 3/22/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
57
ORDER. IT IS ORDERED that petitioner's Motion to File Pleading in Excess ofTwenty Page Limit 55 is GRANTED. Petitioner's reply in support of his motion for stay has been filed 56 ; no further action by the clerk is necessary in this rega rd. IT IS FURTHER ORDERED that petitioner's Motion for Stay and Abeyance 46 is GRANTED. This action is STAYED to allow petitioner to exhaust, in state court, all his unexhausted claims for habeas corpus relief.IT IS FURTHER ORDERED that, on o r before June 15, 2012, 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 (on or before Decembe r 15, 2012; June 15, 2013; December 15, 2013; etc.). Respondents may, if necessary, file and serve a response to any such status report within 15 days after its service. If necessary, petitioner may reply within 15 days of service of the response.IT IS FURTHER ORDERED that following the conclusion of petitioner's state courtproceedings, petitioner shall, within 30 days, make a motion to lift the stay.IT IS FURTHER ORDERED that this action shall be subject to dismissal upon a motion by resp ondents if petitioner does not comply with the time limits in this order. IT IS FURTHER ORDERED that respondents Motion to Dismiss 37 isDENIED as moot.(Status Report due by 6/15/2012.) Signed by Judge Roger L. Hunt on 4/25/2012. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
43
ORDER. IT IS HEREBY ORDERED that respondents' 34 Motion for Compliance with Court Order is DENIED. FURTHER ORDERED, the respondents' 35 Motion for a More Definite Statement is DENIED. FURTHER ORDERED, petitioner shall r espond to respondents' 37 Motion to Dismiss on or before December 9, 2011. FURTHER ORDERED, in all other respects, the schedule for further proceedings set forth in the 15 Order shall remain in effect. Signed by Judge Roger L. Hunt on 11/2/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
15
SCHEDULING ORDER. Amended Petition: if necessary, petitioner shall file and serve an amended petition for a writ of habeas corpus on or before April 18, 2011. Response to Petition: respondents shall have 60 days following service of the amended petition to file and serve an answer or other response to the amended petition. If petitioner does not file an amended petition, respondents shall have 60 days following the due-date for the amended petition to file and serve an answer or other response to the original petition. Reply and Response to Reply: petitioner shall have 45 days following service of an answer to file and serve a reply. Respondents shall thereafter have 30 days followin g service of a reply to file and serve a response to the reply. Briefing of Motion to Dismiss: if respondent file a motion to dismiss, petitioner shall have 30 days following service of the motion to file and serve an opposition to the motion. Respondents shall thereafter have 30 days following service of the opposition to file and serve a reply. Discovery: if petitioner wishes to move for leave to conduct discovery, petitioner shall file and serve such motion concur rently with, but separate from, the response to respondents' motion to dismiss or the reply respondents' answer. Evidentiary Hearing: if petitioner wishes to request an evidentiary hearing, petitioner shall file and serve a motion for such concurrently with, but separate from, the response to respondents motion to dismiss or their reply to respondents answer. Signed by Chief Judge Roger L. Hunt on 11/5/2010. (Copies have been distributed pursuant to the NEF - KO)
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Filing
14
ORDER - A Telephonic Scheduling Conference is set for 11/5/2010 10:00 AM before Chief Judge Roger L. Hunt. Counsel for P shall be prepared to advise court re completeness of state court record. Counsel for P and Rs shall be prepared to discuss the schedule for further litigation of this action. ( see pdf order for additional specifics ) Signed by Chief Judge Roger L. Hunt on 8/30/2010. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
13
ORDERED that P's # 8 Motion for Stay of State Court Proceedings is GRANTED IN PART AND DENIED IN PART, as is described below. IT IS FURTHER ORDERED that the execution of the death sentence of P Siaosi Vanisi is STAYED. Siaosi Vanisis dea th sentence shall not be carried out until the petition for writ of habeas corpus in this case is resolved and a final judgment is entered in this case. IT IS FURTHER ORDERED that, to the extent that P's # 8 Motion for Stay of State Court Proceedings seeks a stay of state court proceedings other than the execution of his death sentence, that motion is denied. Signed by Chief Judge Roger L. Hunt on 8/23/2010. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
5
ORDER GRANTING 1 Application for Leave to Proceed in forma pauperis. FURTHER ORD GRANTING 2 Motion to Appoint Counsel. FPD appointed for P. FPD shall undertake representation of P or indicate inability to do so by 9/5/2010. FURTHER ORD Clerk sha ll FILE the Petition. FURTHER ORD Clerk shall SERVE this Order and Petition upon Rs by certified mail. ( Cert Mail # 7003 2260 0003 9700 8610 ). FURTHER ORD Rs' counsel notice of appearacne due by 9/5/2010. FURTHER ORD Clerk shall SERVE a copy of this Order on Michael Pescetta ( Order mailed 8/6/2010). Signed by Chief Judge Roger L. Hunt on 8/5/2010. (Copies have been distributed pursuant to the NEF - DRM)
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