Weber v. Cortez Masto
Petitioner: Timmy John Weber
Respondent: E. K. McDaniel and Nevada Attorney General
Unknown: Catherine Cortez-Masto and Michael Pescetta
Case Number: 3:2011cv00104
Filed: February 11, 2011
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Philip M. Pro
Presiding Judge: Robert A. McQuaid
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28:2254 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
June 3, 2021 Opinion or Order Filing 77 ORDER - The Motion to vacate the stay and reopen these proceedings (ECF No. 74 ) is granted. The stay of this action is lifted. Petitioner will have 60 days from the date of this order to file a Third Amended Petition for Writ of Habea s Corpus. Respondents will have 60 days following the filing of the Third Amended Petition to file an answer or other response to the Third Amended Petition. Petitioner will have 45 days following the filing of an answer to file a reply. See PDF image for additional details. Signed by Judge Richard F. Boulware, II on 6/3/2021. (Copies have been distributed pursuant to the NEF - AB)
October 15, 2012 Opinion or Order Filing 49 ORDERED that P's # 40 Motion for Stay and Abeyance is GRANTED. This action is STAYED to allow P to exhaust, in state court, all his unexhausted claims for habeas corpus relief. FURTHER ORD that, on or before December 15, 2012, P shall file a nd serve a status report, describing the status of his state-court proceedings. Thereafter, during the stay of this action, P shall file such a status report every 6 months. FURTHER ORD that, following the conclusion of P's state court proceedin gs, P shall, within 30 days, make a motion to lift the stay. FURTHER ORD that this action shall be subject to dismissal upon a motion by Rs if P does not comply with the time limits in this order, or if he otherwise fails to proceed with diligence during the stay imposed pursuant to this order. Signed by Judge Philip M. Pro on 10/12/2012. (Copies have been distributed pursuant to the NEF - DRM)
September 14, 2011 Opinion or Order Filing 29 MINUTE ORDER re docket notice to substitute Warden Renee Baker; Clerk shall change docket. Signed by Judge Philip M. Pro on 9/14/11. (caption changed) (Copies have been distributed pursuant to the NEF - LG)
July 11, 2011 Opinion or Order Filing 15 ORDER. IT IS HEREBY ORDERED that petitioner's 9 Motion for Transport of Petitioner for Medical Examination is DENIED. Signed by Judge Philip M. Pro on 7/11/2011. (Copies have been distributed pursuant to the NEF - KO)
June 27, 2011 Opinion or Order Filing 12 ORDER. IT IS ORDERED that if necessary, petitioner shall file and serve an amended petition for a writ of habeas corpus on or before October 7, 2011. 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 o riginal petition. Petitioner shall have 45 days following service of an answer to file and serve a reply. Respondents shall thereafter have 30 days following service of a reply to file and serve a response to the reply. If respondent s file a motion to dismiss, petitioner shall have 30 days following service of the motion to file and serve an opposition. Respondents shall then have 30 days following service of the opposition to file and serve a reply. Petitioner s hall move the court should he wish for leave to conduct discovery and/or evidentiary hearing. Status conferences, and/or the filing of status reports may be scheduled periodically throughout the progression of this action. Signed by Judge Philip M. Pro on 6/27/2011. (Copies have been distributed pursuant to the NEF - KO)
March 15, 2011 Opinion or Order Filing 7 ORDER. IT IS ORDERED that a Telephonic Status Conference set for 6/27/2011 01:30 PM before Judge Philip M. Pro. A week before the conference, counsel for petitioner and counsel for respondents shall contact Donna Sherwood, 702-464-5426, to make arrangements for their appearances at the conference. (See Order for specifics) Signed by Judge Philip M. Pro on 3/15/2011. (Copies have been distributed pursuant to the NEF - MLC)
February 16, 2011 Opinion or Order Filing 4 ORDER GRANTING IN PART AND DENYING IN PART 2 Motion/Application for Leave to Proceed in forma pauperis. The Application is DENIED with respect to waiver of payment of the filing fee, but GRANTED with respect to subsequent fees and costs. FURTHER O RDERED that P's # 3 Motion for Appointment of Counsel is GRANTED. The FPD is appointed to represent P. The FPD shall have 30 days from the date of entry of this order to undertake representation of petitioner or to indicate to the court its ina bility to represent P in these proceedings. FURTHER ORDERED that the Clerk of the Court shall SERVE a copy of this order on Michael Pescetta, Capital Habeas Division, Office of the Federal Public Defender. ( Paper copy mailed 2/17/2011; E-service 2/1 7/2011. ) FURTHER ORDERED that the Clerk shall SERVE the Rs, by certified mail, with a copy of this order and a copy of the # 1 Petition for writ of habeas corpus. ( Cert Mail # 7003 2260 0003 9700 8627 on 2/17/2011; E-service 2/17/2011. ) FURTHER ORDERED that Rs' counsel shall file a notice of appearance of counsel within 30 days from the date of entry of this order. Rs need not respond to the habeas corpus petition unless and until the court orders otherwise. Signed by Judge Philip M. Pro on 2/16/2011. (Copies have been distributed pursuant to the NEF - DRM) Modified on 2/17/2011 to reflect copy of Order also mailed to P on 2/17/2011 (DRM).
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Respondent: E. K. McDaniel
Represented By: Heather D. Procter
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Respondent: Nevada Attorney General
Represented By: Heather D. Procter
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Unknown: Catherine Cortez-Masto
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Unknown: Michael Pescetta
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Petitioner: Timmy John Weber
Represented By: Brian Abbington
Represented By: Sarah A Hensley
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