Elliott v. McDaniel et al

Petitioner: Robert W. Elliott
Respondent: E.K. McDaniel and Nevada Attorney General
Case Number: 3:2011cv00041
Filed: January 21, 2011
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. § 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
September 14, 2021 Filing 91 ORDER - The amended petition (ECF No. 49 ) is denied. A certificate of appealability is denied. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 9/14/2021. (Copies have been distributed pursuant to the NEF - SC)
June 4, 2020 Filing 84 ORDER - Petitioner's Second Motion for Extension of Time (ECF No. 82 ) is granted nunc pro tunc. Petitioner's Third Motion for Extension of Time (ECF No. 83 ) is granted. Petitioner must file his reply in support of the Amended Petition (ECF No. 49 ) on or before June 15, 2020. Signed by Chief Judge Miranda M. Du on 6/4/2020. (Copies have been distributed pursuant to the NEF - AB)
April 6, 2020 Filing 81 ORDERED Respondents' first and second motions for extension of time to file an answer (ECF Nos. 76 , 77 ) are both granted nunc pro tunc. Petitioner's motion for extension of time to file a reply in support of the petition (ECF No. 79 ) is granted. Petitioner must file his reply on or before May 1, 2020. Signed by Chief Judge Miranda M. Du on 4/6/2020. (Copies have been distributed pursuant to the NEF - DRM)
August 22, 2019 Filing 74 ORDER - Respondents' motion to dismiss (ECF No. 60 ) is granted in part as specified herein. Respondents will have until 10/21/2019 file an answer to the remaining claims in the first-amended petition (ECF No. 49 ); Petitioner wil l have 45 days thereafter to file a reply. Respondents' motion for extension of time to file a reply in support of the motion to dismiss (ECF No. 72 ) is granted nunc pro tunc. Signed by Judge Miranda M. Du on 8/22/2019. (Copies have been distributed pursuant to the NEF - DRM)
May 30, 2019 Filing 71 ORDER - Respondents' third and fourth motions for extension of time to file a responsive pleading (ECF Nos. 57 , 59 ) are both granted nunc pro tunc. Petitioner's first and second motions for extension of time to file an op position to the motion to dismiss (ECF Nos. 64 , 65 ) are both granted nunc pro tunc. Respondents' unopposed motion for extension of time to file a reply in support of their motion to dismiss (ECF No. 68 / 69 ) is granted Respondents must file their reply to ECF No. 66 Response re ECF No. 60 Motion to Dismiss on or before July 5, 2019. Signed by Judge Miranda M. Du on 5/30/2019. (Copies have been distributed pursuant to the NEF - DRM)
August 18, 2017 Filing 43 ORDER granting Petitioner's ECF No. 39 Motion for Reconsideration; vacating the Court's ECF No. 38 Order; denying as moot Petitioner's ECF No. 41 Motion for Extension of Time to Respond to the Show Cause Orde r; directing counsel for Petitioner to meet with Petitioner as soon as reasonably possible. Amended petition due within 90 days, response due within 45 days thereafter, and reply due within 30 days after response. Any exhibits to be filed with separate index. Courtesy copies of any exhibits to be forwarded -- for this case -- to staff attorneys in Reno. Signed by Judge Miranda M. Du on 8/18/2017. (Copies have been distributed pursuant to the NEF - KR)
December 13, 2016 Filing 38 ORDER - Petitioner must file a response to this order demonstrating that he is entitled to a stay of these federal habeas proceedings by 1/12/2017. Respondents will file their reply, if any, within 30 days of the date that petitioner files his response. Signed by Judge Miranda M. Du on 12/13/2016. (Copies have been distributed pursuant to the NEF - DRM)
October 29, 2014 Filing 23 ORDER DISMISSING CASE without prejudice for lack of exhaustion. To the extent that a certificate of appealability is required in this procedural context, a certificate of appealability is denied. Clerk shall enter judgment accordingly. Signed by Judge Miranda M. Du on 10/29/14. (Copies have been distributed pursuant to the NEF - JC)
March 13, 2012 Filing 12 ORDER. IT IS ORDERED that petitioner's 9 motion for appointment of counsel is DENIED. IT FURTHER IS ORDERED that the 10 motion for extension of time is GRANTED IN PART, such that the time for petitioner to mail a response to the prior show cause order 7 for filing is extended up to and including forty-five (45) days after entry of this order. IT FURTHER IS ORDERED that the 11 motion for expedited ruling is GRANTED per this order denying the motion for appointment of coun sel. If petitioner does not timely respond to the show cause order, the petition will be dismissed without further advance notice. (Show Cause Response due by 4/28/2012.) Signed by Judge Larry R. Hicks on 3/13/2012. (Copies have been distributed pursuant to the NEF - MLC)
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Petitioner: Robert W. Elliott
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Respondent: E.K. McDaniel
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Respondent: Nevada Attorney General
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