Munoz v. Smith et al
| Peter J. Munoz, Jr. |
| Nevada Attorney General and Gregory Smith |
| 3:2011cv00197 |
| March 16, 2011 |
| US District Court for the District of Nevada |
| Reno Office |
| Larry R. Hicks |
| Robert A. McQuaid |
| Habeas Corpus (General) |
| 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
128
ORDER - This action is DISMISSED. The clerk of the court is directed to enter judgment accordingly and to close this action. A certificate of appealability will not issue. (See attached PDF order for specifics) Signed by Judge Larry R. Hicks on 2/25/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
114
ORDER denying ECF No. 89 Second Amended Petition; granting Petitioner a certificate of appealability for Grounds 1(a), 1(b), and 1(d); directing Clerk to enter judgment accordingly and close case. Signed by Judge Larry R. Hicks on 6/16/2020. (Copies have been distributed pursuant to the NEF - KR)
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Filing
111
ORDER that petitioner's motion for partial dismissal of the second amended petition (ECF No. 108 ) is GRANTED. Ground 1(C) and ground 2 of the second amended petition (ECF No. 89 ) are DISMISSED. Signed by Judge Larry R. Hicks on 9/30/2019. (Copies have been distributed pursuant to the NEF - LE)
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Filing
106
ORDER granting ECF No. 103 Motion for Leave to File Exhibit Under Seal; granting ECF No. 105 Petitioner's Unopposed Motion for Extension of Time (First Request) to File Reply to ECF No. 101 Answer to Amended Habeas Petition. Reply due by 1/28/2019. Signed by Judge Larry R. Hicks on 1/2/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
100
ORDER GRANTING ECF No. 99 Motion to Extend Time : Respondents' answer due by 11/26/2018. Signed by Judge Larry R. Hicks on 11/5/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
98
ORDER that respondents' Motion to Dismiss ECF No. 93 is GRANTED IN PART and DENIED IN PART; claims asserted under the Nevada State Constitution in Grounds 1(a) and 1(b) are DISMISSED without prejudice; Respondents to file answe r to remaining claims in ECF No. 89 Second Amended Petition for Writ of Habeas Corpus by 10/25/2018; petitioner may file a reply within (30) days of service of answer. Signed by Judge Larry R. Hicks on 9/24/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
95
ORDER that ECF No. 94 petitioner's unopposed motion for extension of time to file a response to ECF No. 93 respondents' motion to dismiss is GRANTED; response due by 4/12/2018. Signed by Judge Larry R. Hicks on 3/19/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
92
ORDER granting ECF No. 91 Motion to Extend Time re ECF No. 89 Second Amended Petition: Respondents' answers due 2/27/2018. Signed by Judge Larry R. Hicks on 1/16/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing
90
ORDER - Answer/Response to ECF NO. 89 Second Amended Petition due by 1/18/2018. If answer filed then reply due 45 days from service of answer. If respondents file a motion, then the briefing schedule of Local Rule LR 7-2 shall apply. Signed by Judge Larry R. Hicks on 12/4/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
86
ORDER granting in part ECF No. 82 Motion to Dismiss. Petitioner shall have until 10/27/2017 to file a second amended petition that enumerates all the claims currently in ground 1 of the first amended petition that are addressable in federal habeas corpus. Signed by Judge Larry R. Hicks on 09/27/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
81
ORDER - Respondents' motion to dismiss (ECF No. 76 ) is DENIED. Petitioner's motion to strike or, in the alternative motion for leave to file a surreply (ECF No. 79 ) is DENIED. Answer/response to ECF No. 69 First amended petition due by 11/12/2016; reply due 45 days after service of answer. Signed by Judge Larry R. Hicks on 9/27/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
73
ORDER re 69 First Amended Petition. Respondents' answer due within 45 days. Signed by Judge Larry R. Hicks on 6/2/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
67
ORDERED that the # 12 Judgment dismissing this action as untimely is VACATED. FURTHER ORDERED that petitioner shall have until 12/8/2014 to file an amended petition, if desired. FURTHER ORDERED that any exhibits filed by the parties shall be filed with a separate index of exhibits as specified herein; and a hard copy of any additional exhibits shall be forwarded to staff attorneys in Las Vegas. Signed by Judge Larry R. Hicks on 10/9/2014. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
56
ORDERED that the # 52 Joint motion for leave to conduct limited discovery is GRANTED. The parties shall take the necessary steps for the issuance of the subpoena attached to the motion. Signed by Judge Larry R. Hicks on 6/10/2014. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
48
MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 5/16/2014, granting 41 Motion. The Evidentiary Hearing currently set for 6/5/2014 in Reno is continued to 7/10/2014 at 12:30 PM in a Las Vegas courtroom to be determined, before Judge Larry R. Hicks. (Copies have been distributed pursuant to the NEF - KR)
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Filing
38
SCHEDULING ORDER - An opening pre-hearing brief shall be filed on behalf of Petitioner on or before March 3, 2014, a response be filed by Respondents on or before March 31, 2014, and that Petitioner may file a reply within 15 days after the filin g of Respondents' response. FURTHER ORDERED that the presently scheduled telephonic status conference for March 31, 2014, and the hearing scheduled for April 28, 2014, are VACATED. FURTHER ORDERED that the parties shall confer with Dion na Negrete, Deputy Court Clerk, with regard to re-scheduling the hearing on this matter. FURTHER ORDERED that a list of proposed witnesses and exhibits shall be filed no later than 10 days before the re-scheduled hearing date. Signed by Judge Larry R. Hicks on 1/28/2014. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
14
ORDER DENYING 13 Motion to reinstate criminal appeal. Signed by Judge Larry R. Hicks on 11/21/2011. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
12
JUDGMENT. IT IS ORDERED AND ADJUDGED that this action is DISMISSED without prejudice as untimely. Signed by Clerk of Court, Lance S. Wilson on 8/23/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
6
ORDER. IT IS ORDERED that the application to proceed in forma pauperis 3 is DENIED. Petitioner shall have thirty (30) days to pay the $5.00 filing fee. Failure to comply will result in the dismissal of this action. FURTHER ORDERE D that the clerk shall send petitioner two copies of this order (Ack'd). Petitioner shall make arrangements to have one copy attached to the check paying the filing fee. (Payment of filing fees due 5/7/2011.) Signed by Judge Larry R. Hicks on 4/6/2011. (Copies have been distributed pursuant to the NEF - MLC)
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