Green v. McDaniel et al
Petitioner: James H. Green
Respondent: EK McDaniel and Nevada Attorney General
Case Number: 3:2011cv00230
Filed: April 1, 2011
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Valerie P. Cooke
Presiding Judge: Edward C. Reed
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 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
January 3, 2019 Opinion or Order Filing 90 ORDER that Petitioner's application for leave to proceed in forma pauperis (ECF No. 89 ) is denied as moot. Signed by Judge Miranda M. Du on 1/3/2019. (Copies have been distributed pursuant to the NEF - LH)
November 19, 2018 Opinion or Order Filing 85 ORDER that the petition for writ of habeas corpus in this case (ECF No. 8 ) is denied on the merits; this case is dismissed with prejudice; Green is denied a certificate of appealability; Clerk directed to enered judgment and close this action. Signed by Judge Miranda M. Du on 11/19/2018. (Copies have been distributed pursuant to the NEF - LH)
May 18, 2017 Opinion or Order Filing 71 ORDER granting Respondents' ECF No. 55 Motion to Dismiss, dismissing Grounds 5(b) and 5(d) of ECF No. 8 Petition; giving Respondents 30 days to file answer to surviving grounds of Petition. Petitioner to reply within 30 days thereafter. Signed by Judge Miranda M. Du on 5/18/2017. (Copies have been distributed pursuant to the NEF - KR)
December 1, 2016 Opinion or Order Filing 65 ORDER granting Petitioner's ECF No. 63 Fourth Motion for Enlargement of Time re ECF No. 55 Motion to Dismiss - response due within 20 days; granting in part Petitioner's ECF No. 64 Motion to Raise Legal Copy Credit Limit, allowing increase of $25 for use for this case only. Signed by Judge Miranda M. Du on 12/1/2016. (Copies have been distributed pursuant to the NEF; copy also mailed to NDOC Chief of Inmate Services - KR)
March 9, 2016 Opinion or Order Filing 50 ORDER granting 48 Motion to Reopen Case; directing respondents to answer remaining grounds within 45 days; and directing the parties to send courtesy copies of any further exhibits to staff attorney in Reno. Please see attached for additional details/deadlines. Signed by Judge Miranda M. Du on 3/9/16. (Copies have been distributed pursuant to the NEF - JC)
June 6, 2014 Opinion or Order Filing 47 ORDER - P's # 45 Motion for stay and abeyance is granted. This action is stayed pending exhaustion. Stay is conditioned upon P filing state court proceeding within 45 days of this order and returning to federal court with a motion to reopen w ithin 45 days of remittitur. P shall exhaust all unexhausted claims. Clerk shall administratively close this action, until Court grants a motion to reopen Signed by Judge Miranda M. Du on 6/6/2014. (Copies have been distributed pursuant to the NEF - DRM)
February 27, 2014 Opinion or Order Filing 43 ORDER granting 40 motion to extend copywork; granting 39 and 41 motions to extend time. Petitioner to comply with the 3/14/2012 28 order re his unexhausted claims within 30 days (by 3/29/2014). Signed by Judge Miranda M. Du on 02/27/2014. (Copies have been distributed pursuant to the NEF - KR)
March 7, 2013 Opinion or Order Filing 38 ORDERED P's # 37 Motion for an extension of time is GRANTED. P's written statement showing cause why this action should not be dismissed SHALL be filed on or before March 15, 2013. FURTHER ORDERED that failure to comply with this Court's order will result in dismissal of this action. Signed by Judge Larry R. Hicks on 3/6/2013. (Copies have been distributed pursuant to the NEF - DRM)
January 28, 2013 Opinion or Order Filing 36 THEREFORE ORDERED that P's # 30 Motion for stay is DENIED. FURTHER ORDERED that P's renewed # 31 Motion transcripts is DENIED. FURTHER ORDERED that by 2/17/2013 P SHALL SHOW CAUSE, in writing, why this action should not be dismissed for failure to obey the Court's March 14, 2012 28 Order. Signed by Judge Larry R. Hicks on 1/28/2013. (Copies have been distributed pursuant to the NEF - DRM)
March 14, 2012 Opinion or Order Filing 28 ORDERED that P's # 10 Motion for transcript copies is DENIED as moot. FURTHER ORD that Rs' # 24 Motion to substitute party is GRANTED. The clerk SHALL substitute Renee Baker for E.K. McDaniel as an R in this action. FURTHER ORD that Rs& #039; # 16 Motion to dismiss the petition is GRANTED in part, and DENIED in part ( see pdf order for specifics). FURTHER ORD P shall by 4/14/2012 file sworn declaration re abandonment of unexhausted grounds, or dismiss petition w/o prej to return t o state court to exhaust, or file a motion for stay and abeyance. FURTHER ORD that if P elects to abandon unexhausted grounds, then Rs' answer due 30 days from the date P serves declaration of abandonment; and P's reply due 30 days thereafter. Signed by Judge Edward C. Reed, Jr on 3/14/2012. (Copies have been distributed pursuant to the NEF - DRM)
September 27, 2011 Opinion or Order Filing 23 ORDER. IT IS ORDERED that petitioner's 21 motion for an extension of time is GRANTED. Petitioner is granted to and including October 26, 2011, to file a response to the 16 motion to dismiss. FURTHER ORDERED, petitioner's 22 motion for additional photo copy credit is GRANTED. The court extends petitioner's copywork limit $50.00 for the limited purpose of photocopies for use in this case. Signed by Judge Edward C. Reed, Jr on 9/27/2011. (Copies have been distributed pursuant to the NEF - KO)
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Petitioner: James H. Green
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Respondent: EK McDaniel
Represented By: Catherine Cortez-Masto
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Respondent: Nevada Attorney General
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