Aguilar v. Baker et al
Petitioner: Gilbert Demetrius Aguilar
Respondent: Renee Baker and Nevada Attorney General
Case Number: 3:2012cv00397
Filed: July 27, 2012
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: William G. Cobb
Presiding Judge: Robert C. Jones
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 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
July 24, 2019 Opinion or Order Filing 103 ORDER granting ECF No. 89 Petitioner's Motion for Relief from Judgment; vacating the judgment entered July 10, 2018; directing the Clerk to enter a new judgment in this action denying the Second Amended Petition for Writ of Habeas Corpus (ECF No. 62 ), and denying Petitioner certificate of appealability. Signed by Judge Miranda M. Du on 7/24/2019. (Copies have been distributed pursuant to the NEF - LH)
May 9, 2019 Opinion or Order Filing 99 ORDER granting ECF No. 98 Motion to Extend Time : Response to ECF No. 89 Motion for relief from judgment is due by 6/28/2019. In all other respects, the schedule for further proceedings set forth in the order entered April 29 (ECF No. 97 ) will remain in effect. Signed by Judge Miranda M. Du on 5/9/2019. (Copies have been distributed pursuant to the NEF - DRM)
April 29, 2019 Opinion or Order Filing 97 ORDER that Respondents will have until 5/29/2019 to respond to Motion for Relief from Judgment (ECF No. 89 ); Aguilar will then have 15 days to reply; Respondents' Motion for Clarification (ECF No. 96 ) is denied as moot. Signed by Judge Miranda M. Du on 4/29/2019. (Copies have been distributed pursuant to the NEF - LH)
February 13, 2019 Opinion or Order Filing 87 ORDER that the Motion for Withdrawal of Counsel (ECF No. 86 ) is granted; the Court will, by separate order, appoint counsel to represent the Petitioner with respect to any post-judgment motion. Signed by Judge Miranda M. Du on 2/13/2019. Copy of order mailed to P at ESP on 2/13/2019. (Copies have been distributed pursuant to the NEF - LH)
July 10, 2018 Opinion or Order Filing 79 ORDER that the Second Amended Petition for Writ of Habeas Corpus (ECF No. 62 ) is denied; Petitioner is denied a certificate of appealability; Clerk directed to enter judgment accordingly. Signed by Judge Miranda M. Du on 7/10/2018. (Copies have been distributed pursuant to the NEF - LH)
November 29, 2016 Opinion or Order Filing 70 ORDER granting in part and denying in part ECF No. 68 Respondents' Motion to Dismiss. Ground 1 of petitioner's second amended petition for writ of habeas corpus is dismissed. In all other respects, the motion to dismiss is denie d, without prejudice to respondents asserting, in their answer, their argument that Ground 3 is barred by the procedural default doctrine. Respondents must, within 90 days from the date of this order, file an answer, responding to the claims remaini ng in petitioners second amended petition for writ of habeas corpus. The schedule for further proceedings set forth in the order entered on June 6, 2016 ECF No. 65 , will remain in effect. Signed by Judge Miranda M. Du on 11/29/2016. (Copies have been distributed pursuant to the NEF - KW)
July 13, 2016 Opinion or Order Filing 67 ORDER granting ECF No. 66 Motion for Leave to File Notice of No Third Amended Petition; directing Respondents to file answer or other response re ECF No. 62 Second Amended Petition by 9/21/2016. Signed by Judge Miranda M. Du on 7/13/2016. (Copies have been distributed pursuant to the NEF - KR)
June 6, 2016 Opinion or Order Filing 65 ORDER granting ECF No. 64 Motion to Lift Stay, vacating stay; directing Clerk to reopen case; giving Petitioner 30 days to file third amended petition, giving Respondents 60 days thereafter to respond, giving Petitioner 45 days thereafter to reply, and giving Respondents 30 days thereafter to respond to reply. (See order for further scheduling.) Signed by Judge Miranda M. Du on 6/6/2016. (Copies have been distributed pursuant to the NEF - KR)
May 19, 2015 Opinion or Order Filing 60 ORDER granting 57 Motion to Stay and granting 58 Motion for Leave to File. Second Amended Petition due within 20 days. Clerk shall administratively close case. Please see attached for further details and deadlines. Signed by Judge Miranda M. Du on 5/19/15. (Copies have been distributed pursuant to the NEF - JC)
September 19, 2014 Opinion or Order Filing 56 ORDER granting in part respondents' 54 motion to dismiss. Petitioner shall have 30 days to file a motion for dismissal without prejudice of the entire petition, for partial dismissal of Grounds I and III, or for other relief. Within 10 days of filing such motion, petitioner must file a signed declaration under penalty of perjury that he has conferred with his counsel in this matter, that he has read the motion, and that he has authorized that the relief sought therein be requested. Signed by Judge Miranda M. Du on 9/19/2014. (Copies have been distributed pursuant to the NEF - KR)
May 15, 2013 Opinion or Order Filing 20 ORDERED that the FPD is hereby released as counsel. FURTHER ORDERED that CJA Mary Lou Wilson is hereby appointed to represent the petitioner herein. FURTHER ORDERED that CJA counsel for petitioner shall meet with petitioner as soon as reasonably possible as specified herein. FURTHER ORDERED that counsel for petitioner and counsel for respondents shall within 45 days file a joint statement describing what portions of petitioner's state court record have been obtained and what portio ns are missing. FURTHER ORDERED that counsel for petitioner shall file an amended petition for writ of habeas corpus within 90 days; Answer/response due 30 days thereafter. Signed by Judge Miranda M. Du on 5/15/2013. (Copies have been distributed pursuant to the NEF; Copy mailed to P at ESP - DRM)
May 13, 2013 Opinion or Order Filing 18 ORDER DENYING WITHOUT PREJUDICE Respondents' 10 Motion to Dismiss; DENYING as moot Petitioner's 12 Motion to Extend Time; GRANTING Petitioner's 16 Motion for Appointment of Counsel. Clerk to electronically serve this order and the petition for writ of habeas corpus plus attachments on the NV FPD's office (service completed 5/13/2013). FPD shall have 30 days from the date of entry of this Order to file a notice of appearance or to indicate its inability to represent petitioner in these proceedings. See order for further details. Signed by Judge Miranda M. Du on 05/13/2013. (Copies have been distributed pursuant to the NEF - KR)
August 7, 2012 Opinion or Order Filing 3 ORDERED that the undersigned Judge recuses himself from this action. FURTHER ORDERED that this matter be referred to Chief Judge Robert C. Jones for reassignment. Signed by Judge Howard D. McKibben on 8/7/2012. (Copies have been distributed pursuant to the NEF - DRM)
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Petitioner: Gilbert Demetrius Aguilar
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Respondent: Renee Baker
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Respondent: Nevada Attorney General
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