O'Neill v. Baker et al
| Christopher O'Neill |
| Renee Baker and Nevada Attorney General |
| Catherine Cortez-Masto |
| 3:2011cv00901 |
| December 19, 2011 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Larry R. Hicks |
| 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
83
ORDERED that the First Amended Petition for Writ of Habeas Corpus by a Person in State Custody Pursuant to 28 U.S.C. § 2254 (ECF No. 13 ) is denied. It is further ordered that Petitioner is granted a certificate of appealability for Ground One Part A and Ground Two. It is further ordered that a certificate of appealability is denied as to Petitioner's remaining grounds. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 1/6/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
79
ORDER that Respondents' motion to extend time to file an answer (ECF No. 75 ) and Petitioner's motion to extend time to file a reply in support of the petition (ECF No. 77 ) are both granted nunc pro tunc. Signed by Judge Miranda M. Du on 7/31/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
74
ORDER that ECF No. 68 respondents' second motion to dismiss is granted in part; respondents' answer to First Amended Petition due by 3/31/2018; petitioner shall have 45 days from service of the answer to file a reply. Signed by Judge Miranda M. Du on 1/30/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
66
ORDER granting ECF No. 63 Petitioner's Motion to Reopen Case. Clerk is directed to reopen the action and lift stay; Supplemental Exhibits ECF No. 64 are accepted as exhibit to the First Amended Petition ECF No. 13 ; Clerk direct ed to link the supplemental exhibits to Amended Petition on CM/ECF docket; Respondents' answer or response to the First Amended Petition ECF No. 13 due by 2/4/2017; Petitioner will have 45 days following service of the response to file a response.IT IS FURTHER ORDERED that the parties must send courtesy copies of all exhibits to the Reno Division, Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of "Staff Attorney"; in the future, the parties must provide courtesy copies of any additional exhibits submitted to the Court, in the manner described in the order. Signed by Judge Miranda M. Du on 12/21/2016. (Copies have been distributed pursuant to the NEF - KW)
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Filing
62
ORDER granting 57 motion for stay and abeyance; granting nunc pro tunc 58 and 60 motions to extend time; staying this action pending final resolution of petitioner's state post-conviction proceedings; directing Clerk to administratively close this action. Signed by Judge Miranda M. Du on 6/19/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
56
ORDER granting in part and denying in part 44 motion to dismiss: Grounds 1(B), 5(A) and 5(B) are unexhausted; Grounds 1(A), 1(C), and 3 are exhausted. Petitioner to have 30 days to either: (1) inform the Court he wants to abandon the unexha usted grounds and proceed on the exhausted ground; (2) inform the Court that he wants to dismiss the petition without prejudice to return to state court to exhaust the unexhausted claims; or (3) file a motion for a stay while returning to state court to exhaust the unexhausted claims. If petitioner elects to abandon the unexhausted grounds, respondents to have 30 days from petitioner's declaration of abandonment to file an answer to the remaining grounds for relief; petitioner to reply 30 days thereafter. Any state court exhibits shall be filed with separate index. Hard copies of any exhibits shall be forwarded to the staff attorneys in Reno. (Notice of Compliance due by 2/11/2015.) Signed by Judge Miranda M. Du on 1/12/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
40
ORDER denying 34 motion for health status check. Signed by Judge Miranda M. Du on 6/17/13. (Copies have been distributed pursuant to the NEF - JC)
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Filing
31
ORDER Respondents shall have 90 days to respond to petition, as amended (see attached for further details). Petitioner shall have 30 days from service of answer, motion to dismiss, or other response to file reply or opposition. Motion to Seal 24 is granted; Motion to Extend Time 26 is granted nunc pro tunc re 28 response. Signed by Judge Larry R. Hicks on 4/12/13. (Copies have been distributed pursuant to the NEF - JC)
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Filing
9
ORDER. IT IS ORDERED that the FPD Office is appointed as counsel for petitioner, with Paul G. Turner, Esq., appearing as petitioner's counsel of record. FURTHER ORDERED, petitioner shall have until up to and including 150 days from ent ry of this order w/in which to file an amended petition. FURTHER ORDERED, any state court record exhibits filed herein -by either petitioner or respondents- shall be filed w/ a separate index of exhibits identifying the exhibits by number or letter. The hard copy of any exhibits filed by either counsel shall be delivered -for this case- to the clerk's office in Las Vegas. The Clerk shall send a copy of this order to the CJA Coordinator for this Division. (Placed copy of order in CJA Coordinators mailbox, 3/14/2012.) Signed by Judge Larry R. Hicks on 3/13/2012. (Copies have been distributed pursuant to the NEF - KO)
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Filing
3
ORDERED that the # 1 Application to proceed IFP is GRANTED such that P will not be required to pay the $5.00 filing fee. FURTHER ORD that the the Clerk of Court shall file the petition and accompanying motions. FURTHER ORD the motion for coun sel is GRANTED and that the Clerk shall reflect in docketing the motion that the motion is granted by this order. The counsel appointed will represent P in all proceedings related to this matter, including any appeals or certiorari proceedings, unles s allowed to withdraw. FURTHER ORD the FPD shall be provisionally appointed as counsel and shall have 30 days to undertake direct representation of P or to indicate an inability to do so. ( E-service of order to FPD on 12/21/2011.) FURTHER ORD the AG shall be added as counsel for Rs and that informal electronic service shall be made upon her office. Rs' counsel shall enter a notice of appearance by 1/11/2012. ( E-service of order to AG on 12/21/2011.) FURTHER ORD The Clerk accordingly sha ll send a copy of this order (along with, in a manner consistent with the Clerks current practice, copies of the papers submitted by petitioner) to the pro se P, the AG, the FPD, and the CJA Coordinator. ( Paper copies Order distributed to P, AG, FPD, and CJA Coord. on 12/21/2011. ) Signed by Judge Larry R. Hicks on 12/20/2011. (Copies have been distributed pursuant to the NEF - DRM) Modified on 12/21/2011 to reflect paper copy of petition mailed to P, AG, and FPD only on 12/21/2011 (DRM).
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