Reberger v. State of Nevada et al
| Lance Reberger |
| Renee Baker and Nevada, State Of |
| 3:2013cv00071 |
| February 14, 2013 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Robert C. Jones |
| 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
128
ORDER - The writ of habeas corpus is satisfied, and the Clerk of Court is accordingly directed to close this case. See attached PDF Order for specifications. Signed by Chief Judge Miranda M. Du on 4/19/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
127
ORDER granting ECF No. 125 Motion to Extend Time for commencement of the retrial to January 25, 2022. Reberger's pro se motion (ECF No. 126 ) is stricken as a fugitive document. Signed by Chief Judge Miranda M. Du on 7/19/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
124
ORDERED that Reberger's motion to extend the deadline for commencement of retrial to August 27, 2021 (ECF No. 118 ) is granted. It is further ordered that Respondents' motion to strike Reberger's pro se motion for extensio n of time (ECF No. 122 ) is granted. It is further ordered that Reberger's two pro se motions for extension of time (ECF Nos. 120 and 123 ) are both denied. The Clerk of Court is directed to strike both motions. It is further ordered that Respondents' motion for extension of time to respond to the motion to extend the deadline for commencement of trial (ECF No. 119 ) is granted nunc pro tunc. Signed by Chief Judge Miranda M. Du on 3/16/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
117
ORDER - The joint stipulation to alter or amend judgment (ECF No. 115 ) is denied. The deadline for commencement of Reberger's retrial is extended to April 26, 2021. Reberger's pro se Motion for Extension of Time (ECF No. 116 ) is stricken. Signed by Chief Judge Miranda M. Du on 11/16/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
113
ORDER - Respondents' Motion to Strike (ECF No. 112 ) is granted. Clerk is directed to strike Petitioner's pro se Motion (ECF No. 109 ) as a fugitive document. Signed by Chief Judge Miranda M. Du on 4/27/2020. (Copies have been distributed pursuant to the NEF - AB) Modified on 4/27/2020 to include that ECF No. 109 Motion is terminated (AB).
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Filing
104
ORDER that the Second Amended Petition (ECF No.[ 65]) is granted for Ground One's Napue claim. Lance Reberger will be released from custody within 60 days unless the Respondents filein this action, within that 60-day period, a writ ten notice of election to retry Reberger, and the State thereafter, within 180 days after the filing of that notice, commences proceedings toward the retrial. Any party may request a reasonable modification of the time limits set forth in this paragr aph. The judgment in this action will be stayed pending the conclusion of any appellate or certiorari review in the Ninth Circuit Court of Appeals or the United States Supreme Court, or the expiration of the time for seeking such appellate or cert iorari review, whichever occurs later. Reberger is granted a certificate of appealability for Ground One's Brady claim; a certificate of appealability is denied as to Reberger's remaining grounds. Signed by Chief Judge Miranda M. Du on 3/23/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
102
ORDER that Respondents' motion for extension of time to file an answer to the petition (ECF No. 95 ) is granted nunc pro tunc; Petitioner's first and second motions for extension of time to file a reply in support of the petition (ECF Nos. 98 and 100 ) are both granted nunc pro tunc. Signed by Judge Miranda M. Du on 10/30/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
94
ORDER granting in part and denying in part ECF No. 66 Motion to Dismiss; granting ECF No. 92 Motion for Leave to File Excess Pages; respondents' answer to second amended petition ECF No. 65 due by 5/22/2018. Signed by Judge Miranda M. Du on 3/23/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
91
ORDER granting ECF Nos. 87 / 89 Motion for Reconsideration and 90 Motion for Extension of Time to file reply to ECF No. 66 Motion to Dismiss. Reply due by 3/19/2018. Signed by Judge Miranda M. Du on 3/15/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
86
ORDER that ECF No. 85 respondents' second motion for extension of time to file reply to ECF No. 66 motion to dismiss is granted in part. Respondents' reply due by 3/14/2018. Signed by Judge Miranda M. Du on 3/6/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
84
ORDER that petitioner's motion to voluntarily dismiss his motions to dismiss counsel (ECF No. 82 ) is granted; petitioner's pro se motions to dismiss his counsel (ECF Nos. 71 and 74 ) and pro se motions for extension of time (E CF Nos. 70 and 77 ) are all withdrawn; petitioner's five counseled motions for extension of time to file an opposition to the motion to dismiss (ECF Nos. 67 , 68 , 69 , 76 , and 78 ) are all granted nunc pro tunc; petitioner's counsels two motions for extension of time to respond to motion to compel (ECF Nos. 75 and 79 ) are both granted nunc pro tunc; petitioner's motion for leave to file (ECF No. 81 ) is granted; respondent s' motion for extension of time to file a reply in support of the motion to dismiss (ECF No. 83 ) is granted; respondents' reply to ECF No. 66 Motion to Dismiss due by 3/1/2018. Signed by Judge Miranda M. Du on 2/13/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
64
ORDER granting ECF No. 51 Motion to Reopen Case; granting ECF No. 52 Motion to File Second Amended Petition, directing Clerk to detach and file; accepting ECF Nos. 53 - 57 Supplemental Exhibits as supplemental exhibits to ECF No. 16 First Amended Petition, directing Clerk to link them on the docket; granting ECF No. 58 Motion to Partially Waive LR IA 10-3(e); giving Respondents 90 days to respond to second amended petition. Petitioner to reply within 45 days thereafter. Courtesy copies of all exhibits to be forwarded to staff attorneys in Reno. Signed by Judge Miranda M. Du on 4/19/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing
48
ORDER - Petitioner's # 41 Motion to stay is granted, and this action is stayed pending exhaustion of the unexhausted claims in Ground 1. Grant of stay conditioned upon petitioner returning to federal court within 45 days of remittitur. (See pdf order for additional specifics.) Any further exhibits for this case shall be sent to the Clerk's Office in Reno. Clerk shall administratively close this action until such time as the Court grants a motion to reopen. Signed by Judge Miranda M. Du on 6/3/2014. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
15
ORDERED that the FPD's Office is appointed as counsel for petitioner, with Jonathan M. Kirshbaum, Esq., appearing as petitioner's counsel of record. FURTHER ORDERED that petitioner shall have up to and including 1/7/2014, within which to file an amended petition and/or seek other appropriate relief. FURTHER ORDERED that any state court record exhibits shall be filed as specified herein. The Clerk shall send a copy of this order to the CJA Coordinator for this Division. (E-service to CJA Coordinator on 6/18/2013) Signed by Judge Miranda M. Du on 6/18/2013. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
8
ORDER Application to proceed IFP 1 GRANTED. Clerk shall file petition. Clerk shall file motion to approve filing submitted with petition; motion GRANTED IN PART. Petitioner's motions for writ of mandamus 3 and 5 DENIED without p rejudice. Petitioner's motion to raise copy limit 4 and motion to amend petition 6 DENIED as moot. State of NV DISMISSED and Clerk shall reflect on docket sheet that NV Attorney General is named respondent. Clerk shall file motion for app ointment of counsel submitted with petition; motion is GRANTED. FPD provisionally appointed as counsel and shall have 30 days to undertake representation or indicate inability to do so. Clerk shall add AG Catherine Cortez-Masto as counsel for resp ondents and shall make electronic service of this order (served via NEF 5/14/13). Respondents counsel shall enter notice of appearance within 21 days. Clerk shall send copy of order to petitioner (along with copy of petition), the NV AG, the FPD, and CJA Cordinator (all service performed 5/14/13). Clerk further shall regenerate notices of electronic filing of all prior filings to NV AG and FPD (NEF regeneration 5/14/13). Signed by Judge Miranda M. Du on 5/14/13. (Copies have been distributed pursuant to the NEF - JC)
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