Byford v. Nevada Attorney General et al
| Robert Royce Byford |
| E. K. McDaniels and Nevada Attorney General |
| 3:2011cv00112 |
| February 15, 2011 |
| US District Court for the District of Nevada |
| Reno Office |
| Robert A. McQuaid |
| Edward C. Reed |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
203
ORDERED that Petitioner's Request for Extension of Time (ECF No. 202 ) is GRANTED. Petitioner will have until and including June 6, 2024, to file his reply to Respondents' answer (ECF No. 198 ). In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) remains in effect. Signed by Judge James C. Mahan on 3/12/2024. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
201
ORDER - IT IS THEREFORE ORDERED that Petitioner's Request for Extension of Time (ECF No. 200 ) is GRANTED. Petitioner will have until and including March 8, 2024, to file his reply to Respondents' answer. In all other respec ts, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) remains in effect. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), William Gittere is substituted for William Reubart as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. Signed by Judge James C. Mahan on 9/13/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
197
ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF NO. 196 ) - IT IS THEREFORE ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 196 ) is GRANTED. Respondents will have until and including March 15, 2023, to file t heir answer (3/15/2023). Petitioner will then have 180 days to file his reply. In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 1/6/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
151
ORDER - Respondents' Motion for Enlargement of Time (ECF No. 150 ) is GRANTED. Respondents will have until and including December 30, 2022, to file their answer (re ECF No. 92 Amended Petition). Petitioner will then have 180 days to file his reply. In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 9/26/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
149
ORDER - IT IS THEREFORE ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 148 ) is GRANTED. Respondents will have until and including September 26, 2022, to file their answer (Re: ECF No. 92 , 9/26/2022). Petitio ner will then have 180 days to file his reply. In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 8/25/2022. (Copies have been distributed pursuant to the NEF - CJD)
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Filing
146
ORDER - IT IS THEREFORE ORDERED that Respondents Motion for Enlargement of Time (ECF No. 144 ) is GRANTED. Respondents will have until and including August 22, 2022, to file their answer. (Answer due 8/22/2022.) Petitioner will then have 180 days to file his reply. In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 7/15/2022. (Copies have been distributed pursuant to the NEF - CJD)
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Filing
143
ORDER granting ECF No. 142 IT IS THEREFORE ORDERED that Respondents Motion for Enlargement of Time (ECF No. 142) is GRANTED. Respondents will have until and including July 8, 2022, to file their answer (7/8/2022). Petitioner will the n have 180 days to file his reply. In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedu re 25(d), William Reubart 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 James C. Mahan on 5/27/2022. (Copies have been distributed pursuant to the NEF - CJD)
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Filing
140
ORDER - Respondents' Motion for Enlargement of Time (ECF No. 139 ) is GRANTED. Respondents will have until and including May 24, 2022, to file their answer (re ECF No. 92 Amended Petition). Petitioner will then have 180 days to file his reply. In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 3/1/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
135
ORDER - Respondents' Motion to Dismiss (ECF No. 107 ) is GRANTED IN PART AND DENIED IN PART as specified in this Order. Petitioner's Motion for Leave to Conduct Discovery (ECF Nos. 117 and 121 ) is DENIED. Petitioner' ;s Motion for Evidentiary Hearing (ECF No. 119 ) is DENIED. Respondents shall, within 180 days from the date of this order (2/23/2022), file an answer, responding to the remaining claims in Petitioner's Third Amended Petition for Writ of Habeas Corpus (ECF No. 92 ). The time for Petitioner to file a reply to Respondents' answer, as set forth in the October 24, 2019, scheduling order (ECF No. 88 ), will be extended to 180 days. In all other respects, the schedule for further proceedings set forth in the October 24, 2019, scheduling order (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 8/27/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
132
ORDERED that Respondents' Motions for Enlargement ofTime (ECF Nos. 127 and 128 ) are GRANTED. The time for Respondents to file a reply in support of their motion to dismiss (ECF No. 107 ), and their responses to the motion for leave to conduct discovery and motion for evidentiary hearing (ECF No. 117 ), is extended to June 18, 2021. Those filings, made on that date, will be treated as timely filed. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 6/28/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
126
ORDER granting ECF No. 125 Motion to Extend Time. Respondents' reply in support of their motion to dismiss (ECF No. 107 ), and their responses to the motion for leave to conduct discovery (ECF No. 117 ) and motion for evidentiary he aring (ECF No. 119 ), will be due on June 9, 2021. In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 5/11/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
124
ORDER granting ECF No. 123 Motion to Extend Time. Respondents' reply in support of their Motion to Dismiss (ECF No. 107 ), and their responses to the Motion for Leave to Conduct Discovery (ECF No. 117 ) and Motion for Evidentiary He aring (ECF No. 119 ), will be due on May 10, 2021. In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 3/31/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
120
ORDER - Petitioner's Motion for Extension of Time (ECF No. 115 ) is granted. Petitioner's Response to the Motion to Dismiss (ECF No. 116 ), as well as his Motion for Leave to Conduct Discovery (ECF No. 117 ), and the Motion for Ev identiary Hearing (ECF No. 119 ), will be considered timely filed. In all other respects, the schedule for further proceedings set forth in the Order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 3/1/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
114
ORDER GRANTING ECF No. 113 Motion to Extend Time : Response to ECF No. 107 Motion to Dismiss due by 2/19/2021. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 1/27/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
112
ORDER granting ECF No. 111 Motion to Extend Time. Petitioner will have until and including January 25, 2021, to respond to the Motion to Dismiss (ECF No. 107 ). In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 12/11/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
110
ORDER - Respondents' motion for extension of time (ECF No. 106 ) is GRANTED. Respondents' motion to dismiss (ECF No. 107 ), filed September 25, 2020, will be treated as timely filed. In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 9/28/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
105
ORDERED that Respondents' motion for extension of time (ECF No. 104 ) is GRANTED. Respondents will have until and including September 23, 2020, to respond to Petitioner's third amended habeas petition (ECF No. 92 ). IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 9/10/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
103
ORDER - Respondents' Motion for Extension of Time (ECF No. 102 ) is GRANTED. Respondents will have until and including September 9, 2020, to respond to Petitioner's Third Amended Habeas Petition (ECF No. 92 ).In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 7/2/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
101
ORDER - Respondents' Motion for Extension of Time (ECF No. 100 ) is GRANTED. Respondents will have until and including June 26, 2020 to respond to Petitioner's Third Amended Habeas Petition (ECF No. 92 ).In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 5/6/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
98
ORDER - Petitioner's Motion for Extension of Time (ECF No. 91 ) is GRANTED: Petitioner's Third Amended Habeas Petition (ECF No. 92 ) will be treated as timely filed on January 30, 2020.In all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 2/4/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
90
ORDERED that Petitioner's motion for extension of time (ECF No. 89 ) is GRANTED. Petitioner will have until and including January 24, 2020, to file his third amended habeas petition. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered October 24, 2019 (ECF No. 88 ) will remain in effect. Signed by Judge James C. Mahan on 12/23/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
88
ORDER granting ECF No. 85 Petitioner's Renewed Motion to Vacate Stay and Reopen Habeas Corpus Proceeding; the stay of this action is lifted; the schedule listed herein will govern the further proceedings in this action. See order pdf for further details and instructions. Signed by Judge James C. Mahan on 10/24/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
84
ORDER denying ECF No. 81 Petitioner's Motion to Vacate Stay and Reopen Habeas Corpus Proceeding; pursuant to Federal Rule of Civil Procedure 25(d), the Clerk of the Court shall substitute William Gittere for Timothy Filson, on the docket for this case, as the respondent warden. Signed by Judge James C. Mahan on 9/10/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
73
ORDER GRANTING ECF No. 67 Motion to Temporarily Lift Stay. Petitioner is granted leave to add to his habeas corpus petition in this action the claim set forth in his Supplement to Second Amended Petition for Writ of Habeas Corpus (ECF No. 69 ). petition in this action. In all other respects, the stay of this action shall remain in effect. Clerk of the Court shall substitute Timothy Filson for Renee Baker, on the docket for this case, as the respondent warden, and shall update the caption of the action to reflect this change. Signed by Judge James C. Mahan on 3/9/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
53
ORDER granting 31 Motion to Stay. Petitioner shall file status report by 6/15/13. Following conclusion of state court proceedings, petitioner shall, within 30 days, make motion to lift stay. Please see attached for further details. Signed by Judge James C. Mahan on 2/1/13. (Copies have been distributed pursuant to the NEF - JC)
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Filing
47
ORDER granting nunc pro tunc 27 Motion for Leave to File Second Amended Petition 46 . Respondents shall file response to 31 MOTION to Stay and Abeyance within 35 days. Signed by Judge Edward C. Reed, Jr on 9/26/12. (Copies have been distributed pursuant to the NEF - JC)
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Filing
21
ORDER. IT IS ORDERED that petitioner's request for prospective equitable tolling or leave to amend 15 is DENIED without prejudice. IT IS FURTHER ORDERED that petitioner's motion to compel 11 is DENIED as moot.IT IS FURTHER ORDERED tha t petitioner's motion for an extension of time withinwhich file an amended petition 16 is GRANTED nunc pro tunc as of 12/30/2011.IT IS FURTHER ORDERED that the Clerk of the Court shall substitute Renee Baker for E.K. McDaniel, on the docket, as the respondent warden in this action, and shall update the caption of the action to reflect this change (Ack'd). Signed by Judge Edward C. Reed, Jr on 1/5/2012. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
7
ORDERED that a telephonic Status Conference is set for Monday 6/27/2011 10:00 AM in Reno Courtroom 3 before Judge Edward C. Reed Jr. re completion of state-court record, and scheduling. Signed by Judge Edward C. Reed, Jr on 3/18/2011. (Copies have been distributed pursuant to the NEF - DRM)
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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 ORDERED 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 P or to indicate to the court its inability to represent P in these proceedings. FURTHER ORDERED that the Clerk 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 2/17/2011. ) FURTHER ORD ERED 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 8634 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. ( Copy of Order mailed to P at ESP on 2/17/2011. ) Signed by Judge Edward C. Reed, Jr on 2/16/2011. (Copies have been distributed pursuant to the NEF - DRM)
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