Manley v. Warden et al
| Giles K.J. Manley |
| Nevada Attorney General and Ely State Prison Warden |
| 3:2011cv00354 |
| May 17, 2011 |
| US District Court for the District of Nevada |
| Reno Office |
| Howard D. McKibben |
| Robert A. McQuaid |
| 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
99
ORDER - The second amended petition for writ of habeas corpus relief (ECF No. 62 ) is DENIED, and this action is therefore DISMISSED WITH PREJUDICE. Manley is DENIED a certificate of appealability, for the reasons set forth in this Order. The Clerk of Court shall enter final judgment accordingly and close this case. Signed by Judge Howard D. McKibben on 7/27/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
96
ORDER - The stay previously entered is hereby lifted. Should either party wish to file a supplemental brief addressing the impact of the decision in Jones v. Mississippi on the Petition in this case, they shall do so no later than May 26, 2021. The Petition will thereafter stand submitted. Signed by Judge Howard D. McKibben on 4/26/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
95
ORDER staying this action pending the decision in Jones v. Mississippi, 140 S. Ct. 1293 (2020), or until further order of the Court. Signed by Judge Howard D. McKibben on 11/2/2020. (Copies have been distributed pursuant to the NEF - KR)
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Filing
94
ORDER that Petitioner's motion for leave to file a reply in excess of the local page limit (ECF No. 93 ) is GRANTED, and the reply filed on March 11, 2019, is accepted as properly filed. Signed by Judge Howard D. McKibben on 4/4/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
91
ORDER - Petitioner's unopposed motion for an extension of time (ECF No. 89 ) is GRANTED. Petitioner shall have to and including March 11, 2019, to file a reply to the respondents' answer (ECF No. 84 ) to the petition in this case. Signed by Judge Howard D. McKibben on 3/6/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
88
ORDER granting ECF No. 87 Motion for an extension of time to file a reply to ECF No. 84 Answer to Habeas Petition. Reply due by 3/4/2019. Signed by Judge Howard D. McKibben on 2/5/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
86
ORDER that Petitioner's unopposed motion for an extension of time (ECF No. 85 ) is GRANTED. Petitioner shall have to and including February 1, 2019, to file a reply to respondents' answer to the petition (ECF No. 84 ) in this case. Signed by Judge Howard D. McKibben on 12/18/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
82
ORDERED that respondents' motion to dismiss (ECF No. 68 ) is GRANTED IN PART and DENIED IN PART as follows: 1. The motion to dismiss the petition as untimely is DENIED; 2. The motion to dismiss Grounds One(B) and Thre e as procedurally defaulted is GRANTED; 3. The court defers consideration of the Martinez cause and prejudice analysis as to Ground Four until merits review; 4. The motion to dismiss Ground Five as procedurally defaulted is < B> DENIED. FURTHER ORDERED that respondents shall file an answer to all remaining claims in the petition within sixty (60) days of the date of this order. FURTHER ORDERED that petitioner may file a reply within sixty (60) days of serv ice of an answer. FURTHER ORDERED that any state court record and related exhibits filed shall be filed with a separate index of exhibits as specified herein. Signed by Judge Howard D. McKibben on 8/20/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
78
ORDER granting ECF No. 77 Petitioner's Motion for Leave to File Excess Pages in response to ECF No. 68 Respondents' Motion to Dismiss. Signed by Judge Howard D. McKibben on 1/25/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
75
ORDER granting ECF No. 74 Motion for Extension of Time to file response to ECF No. 68 Motion to Dismiss. Petitioner's response due by 1/24/2018. Signed by Judge Howard D. McKibben on 1/5/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
73
ORDER granting ECF No. 72 Motion for extension of time to file response to ECF No. 68 Motion to Dismiss Response due by 1/10/2018. Signed by Judge Howard D. McKibben on 12/14/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
67
ORDERED that petitioner's motion to reopen this action (ECF No. 61 ) is GRANTED. The stay is lifted by this order, the Clerk shall REOPEN THE FILE in this action. Answer/response to the second amended petition (ECF No. 62 ) due by 10/13/201 7. Petitioner shall have 45 days following service of the answer to FILE AND SERVE a reply brief. The parties SHALL SEND courtesy (paper) copies of any further exhibits filed in this action to the Reno Division of this Court. Courtesy copies shall be mailed to Reno "Staff Attorney" as specified herein. Signed by Judge Howard D. McKibben on 8/29/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
58
ORDER - The 37 motion to dismiss is DENIED as to the question of timeliness and GRANTED as to the question of exhaustion of grounds 1B and grounds 3, 4 and 5. Petitioner's 38 second motion to conduct discovery is DENIED without prejudice as moot. Petitioner's 51 motion to stay proceedings is GRANTED. This action is STAYED pending exhaustion of the unexhausted claims contained in the instant federal petition (see order for further details). The Clerk shall ADMINISTRATIVELY CLOSE this action until such time as the court grants a motion to reopen the matter. Signed by Judge Howard D. McKibben on 08/27/2013. (Copies have been distributed pursuant to the NEF - KR)
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Filing
15
ORDER. IT IS ORDERED that the Clerk shall ELECTRONICALLY SERVE the pro se petition 8 upon respondents (Ack'd). Respondents' counsel shall enter a notice of appearance within twenty (20) days. FURTHER ORDERED that counsel for petitioner shall file and serve a first amended petition for writ of habeas corpus within ninety (90) days. The first amended petition shall include all known grounds for relief (both exhausted and unexhausted). FURTHER ORDERED that respondents shall have for ty-five (45) days from service of amended petition within which to answer/respond. Successive motions to dismiss will not be entertained. If an answer is filed, petitioner shall have forty-five (45) days of service of the answer to file a reply.(Amended Petition due by 12/19/2011.) Signed by Judge Howard D. McKibben on 9/19/2011. (Copies have been distributed pursuant to the NEF - MLC)
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Filing
7
ORDER. IT IS HEREBY ORDERED that the Clerk DETACH and FILE the petition ( 1 -1). FURTHER ORDERED, petitioner's 4 motion to proceed in forma pauperis is DENIED. Petitioner shall have thirty (30) days from the date this order is ENTERED in which to have the designated fee sent to the clerk. FURTHER ORDERED, petitioner's 5 motion for appointment of counsel is GRANTED. The Federal Public Defender for the District of NV is appointed to repres ent petitioner. FURTHER ORDERED, the Clerk shall ELECTRONICALLY SERVE the FPD a copy of this order, together with a copy of the petition for writ of habeas corpus. The FPD shall have thirty (30) days from the date of entry of this order to fi le a notice of appearance or to indicate to the court its inability to represent petitioner in these proceedings. FURTHER ORDERED, after counsel has appeared for petitioner in this case, the court will issue a scheduling order. Signed by Judge Howard D. McKibben on 6/16/2011. (Copies have been distributed pursuant to the NEF - KO)
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Filing
3
COPY OF ORDER filed in Case No. 3:11-cv-00385-ECR-RAM IT IS HEREBY ORDERED that the Clerk shall file the motion for leave to proceed in forma pauperis (ECF. No.1), the motion for appointment of counsel (ECF No. 3), and the financ ial certificate (ECF No. 4) in case number 3:11-cv-00354-HDM-RAM. FURTHER ORDERED the Clerk shall file this order in the instant case (3:11-cv-00385-ECR-RAM) and in case number 3:11-cv-00354-HDM-RAM. FURTHER ORDERED the Clerk shall close Case No. 3:11-cv-00385-ECR-RAM. Signed by Judge Edward C. Reed, Jr on 6/9/2011. (Copies have been distributed pursuant to the NEF - KO)
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