Hill v. Palmer et al
| Charles H. Hill |
| Nevada Attorney General and Jack Palmer |
| Catherine Cortez-Masto |
| 3:2011cv00048 |
| January 24, 2011 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Edward C. Reed |
| Habeas Corpus (General) |
| 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
149
ORDER denying Petitioner's ECF Nos. 139 , 140 , 141 , 142 , 144 , 145 , 146 , and 148 motions; directing Petitioner to file no further documents in this closed case. Signed by Judge Miranda M. Du on 2/3/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing
133
ORDER granting nunc pro tunc 129 Motion to Withdraw as Attorney - Jeffrey S. Blanck withdrawn from the case; denying Petitioner's 128 pro se motion; advising Petitioner again to file no further documents in this closed case. Signed by Judge Miranda M. Du on 5/6/2015.(Copies have been distributed pursuant to the NEF - KR)
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Filing
127
ORDER denying Petitioner's 119 , 120 , and 122 motions. Petitioner shall file no further documents in this closed case unless directed to do so by this Court upon resolution of petitioners appeal. Signed by Judge Miranda M. Du on 1/21/2015. (Copies have been distributed pursuant to the NEF and distributed manually to Petitioner - KR) Modified on 1/21/2015 (KR).
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Filing
118
ORDER dismissing petition 8 as untimely. Motions 97 , 100 , 104 , 105 , 107 , 108 , 109 , 110 , 111 , 113 , 114 , and 115 are denied as moot. A certificate of appealability is granted on the issue of whether petitioner is entitled to equitable tolling of the statute of limitations. Signed by Judge Miranda M. Du on 12/22/14. (Copies have been distributed pursuant to the NEF - JC)
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Filing
98
ORDER striking 96 motion for Rule 60(b) relief. Petitioner may not file papers in proper person while represented by counsel. Signed by Judge Miranda M. Du on 5/19/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
94
ORDER denying 91 Motion to Expedite; denying 92 Motion to Appoint Counsel; denying 93 Motion to Extend Prison Copywork Limit. The clerk shall send a copy of both this order and 90 Order to petitioner (mailed 11/25/2013). Signed by Judge Miranda M. Du on 11/25/2013. (Copies have been distributed pursuant to the NEF - KR)
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Filing
67
ORDER GRANTING # 65 Motion. Rs shall provide P's counsel at no charge copies of medical records specified by 2/21/2013.FURTHER ORD P's Response to show-cause order due by 3/24/2013; Rs reply due 30 days from service of response. FURTHER ORD P's counsel shall confer with P by telephone re status of this case within 14 days of entry of this order. Signed by Judge Larry R. Hicks on 2/6/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
62
ORDERED that P's # 61 Motion for an extension of time is GRANTED to the extent, and only to the extent, that P shall have until 2/26/2013, to respond to the prior order and show cause why the petition should not be dismissed as untimely. FURTH ER ORD Rs shall have 30 days from service of the show-cause response to file a reply. FURTHER ORD the hard copy of the exhibits shall be forwarded to the staff attorneys in Las Vegas rather than Reno after the date of this order. Signed by Judge Larry R. Hicks on 11/29/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
56
ORDER. IT IS ORDERED that petitioner's motion for an evidentiary hearing 33 is DENIED without prejudice. IT IS FURTHER ORDERED that Jeffrey S. Blanck, Esq., 485 West Fifth Street, Reno, NV, 89501, is hereby APPOINTE D to represent the petitioner herein. Jeffrey S. Blanck, Esq., is a CJA panel attorney for the United States District Court, District of Nevada. IT IS FURTHER ORDERED that CJA counsel for petitioner shall meet with petitioner as soon as re asonably possible to: (a) review the procedures applicable in cases under 28 U.S.C. Section 2254;(b) discuss and explore with petitioner, as fully as possible, the potential grounds for habeas corpus relief in petitioner's case; and (c) advise p etitioner that all possible grounds for habeas corpus relief must be raised at this time and that the failure to do so will likely result in the omitted grounds being barred from future review under the rules regarding abuse of writ.IT IS F URTHER ORDERED that after Jeffrey S. Blanck, Esq. has appeared for petitioner in this case, he shall file a response to the court's order to show cause issued January 27, 2011, within (90) ninety days from the date of his appearance.< /P>IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date of service of the response within which to file a reply.IT IS FURTHER ORDERED that any state court record exhibits filed by petitio ner or respondents shall be filed with a separate index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments that are filed further shall be identified by the number or numbers (or letteror letters) of the exhibits in the attachment. The hard copy of any additional state court record exhibits shall be forwarded for this case to the staff attorneys in Reno.IT IS FURTHER ORDERED that petitioner's motion to supplement the record 46 is GRANT ED. The clerk shall DETACH the remittitur and file it separately as "Supplemental Exhibit to Petition."IT IS FURTHER ORDERED that petitioner's motions for his former attorney to send him his file and case docum ents 47 55 are DENIED. However, petitioner's former attorney, Debra Bookout, Esq. shall RETAIN petitioner's file so that alternate counsel may obtain it in the future, if necessary. The clerk shall send a copy of this orde r to Debra Bookout, Esq., Federal Public Defender, 411 E. Bonneville, Suite 250, Las Vegas, NV 89101. IT IS FURTHER ORDERED that petitioner's motion to correct a typographical error 53 is GRANTED. The court considers petit ioner's motion for stay as arising under 28 U.S.C. § 2254.IT IS FURTHER ORDERED that petitioner's motion for contempt of court order, motion for the court to dismiss respondents' reply, and motion to stay 48 , 50 , 52 are DENIED. Signed by Judge Edward C. Reed, Jr. on 8/23/2012. (Copies have been distributed pursuant to the NEF - HJ).
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Filing
40
ORDERED that the FPD is RELIEVED as counsel of record for P. P shall proceed in pro se. FURTHER ORD P's # 31 Motion for the appointment of alternate counsel is DENIED. FURTHER ORD that P's # 30 Motion to voluntarily dismiss his petitio n is DENIED. FURTHER ORD that P's # 32 Motion for leave to return to state court is DENIED. FURTHER ORD that P's # 38 Request for documents is GRANTED. The clerk SHALL send P 1 copy of the docket sheet for this case and 1 copy of the co urt's order of January 27, 2011 (# 7 ). ( Docs mailed to pro se P on 1/5/2012. ) FURTHER ORD that P SHALL FILE his response to the court's order to show cause why the petition should not be dismissed as untimely by 2/19/2012. FURTHER ORD that Rs SHALL FILE their reply to P's response within 45 days from the date of service of P's response. Signed by Judge Edward C. Reed, Jr on 1/4/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
24
ORDER P's Show Cause Response to # 7 Order due by 5/21/2011. FURTHER ORD Rs' reply due 15 days after service of response. FURTHER ORD P's # 22 Motion to extend time is DENIED as moot. Signed by Judge Edward C. Reed, Jr on 4/21/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
20
ORDER: IT IS ORDERED that petitioners motion for appointment of counsel 17 is GRANTED. The Federal Public Defender is appointed to represent Petitioner. IT IS FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE the FPD a copy of this Order, t ogether with a copy of the petition for writ of habeas corpus and its attachments 2 (ack'd). The FPD shall have thirty (30) days from the date of entry of this Order to file a notice of appearance or to indicate to the Court its inability to r epresent petitioner in these proceedings. IT IS FURTHER ORDERED that the Clerk shall RESUBMIT this case to the Court after the FPD has appeared as counsel for petitioner, after the FPD has indicated its inability to represent petitioner, or after th irty (30) days from the entry of this Order, whichever occurs first. IT IS FURTHER ORDERED that, after counsel has appeared for petitioner in this case, the Court will issue a scheduling order, which will, among other things, set a deadline for the filing of a First Amended Petition and a response to the Courts Order to Show Cause issued 1/27/2011. FURTHER ORDERED that all other pending motions are DENIED. FURTHER ORDERED that respondents need not respond to any pending motion or other matters until further order of the Court. Signed by Judge Edward C. Reed, Jr on 2/17/2011. (Copies have been distributed pursuant to the NEF - MLC) Modified on 2/18/2011 to reflect that a copy of this Order was sent to petitioner. (MLC).
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Filing
7
ORDER. IT IS ORDERED that petitioner's 1 Motion/Application for Leave to Proceed in forma pauperis is GRANTED. Petitioner shall not be required to pay a filing fee. FURTHER ORDERED that the motion for appointment of counsel [1-3] shall be f iled and is denied without prejudice. FURTHER ORDERED that the motion to extend prison copywork limit [1-2] shall be filed and is granted only to the extent that petitioner requires copies in order to properly response to this Order and serve respondents with that response. IT IS ORDERED that the Clerk shall FILE and ELECTRONICALLY SERVE the petition [1-1] upon the respondents (ack'd). FURTHER ORDERED that petitioner shall have thirty (30) days to show cause why his petit ion should not be dismissed as untimely. FURTHER ORDERED that respondents shall have twenty (20) days to file a Notice of Appearance and shall have forty-five (45) days within which to respond to petitioner's arguments. Petitioner shall serve upn the Attorney General all pleadings. Signed by Judge Edward C. Reed, Jr on 1/27/2011. (Copies have been distributed pursuant to the NEF - MLC)
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