Rose v. LeGrand et al
| Jeff N. Rose |
| Robert LeGrand and Nevada Attorney General |
| 3:2013cv00267 |
| May 22, 2013 |
| US District Court for the District of Nevada |
| Reno Office |
| William G. Cobb |
| Miranda M. Du |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
92
ORDERED that Respondents' Motion for This Court to Vacate the Order Granting Release Pursuant to Fed. R. App. P. 23 and to Find the Judgment Satisfied Pursuant to Fed. R. Civ. P. 60(5) (ECF No. 88 ) is granted. This Court's ord er dated April 13, 2020, setting conditions of release (ECF No. 56 ) is vacated. The appearance bond (ECF No. 58 ) is released. U.S. Probation is released from supervising Petitioner. The final judgment entered in this case in October 20 20 (ECF No. 66 ) is satisfied. It remains the Court's intention that the final judgment is subject to a possible later motion to reopen the matter to enter an unconditional writ if then warranted, as a matter of enforcement of the judgment. Clerk is directed to substitute Nevada Department of Corrections Director James Dzurenda for Respondent Charles Daniels. Clerk is directed provide a copy of this order to the Clerk of the Eighth Judicial District Court, in connection with tha t court's Case No. 02C188264. (Certified copy instant order mailed to 8th Judicial Clerk on 5/23/2023.) Clerk of Court shall close this case. Signed by Chief Judge Miranda M. Du on 5/23/2023. (Copies have been distributed pursuant to the NEF - DRM) Modified on 5/23/2023 to insert the word 'shall' (DRM).
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Filing
89
ORDER granting ECF No. 87 Motion to Reopen Case. It is ordered that the Clerk of Court reopen the file in this action. It is further ordered that Petitioner respond to ECF No. 88 Motion for this Court to Vacate the Order Granting Release within seven days of this order (5/15/2023). It is further ordered that Respondents reply in support of their motion within five days of Petitioner filing his response. Signed by Chief Judge Miranda M. Du on 5/8/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
81
ORDER granting 80 Stipulation to amend judgment. The state has until 10/1/2023 to re-try the Plaintiff. Signed by Chief Judge Miranda M. Du on 12/5/2022. (Copies have been distributed pursuant to the NEF - PAV)
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Filing
75
ORDER granting ECF No. 74 Stipulation to Alter or Amend Judgment :The judgment (ECF No. 66 ) is amended to permit retrial of this matter by June 20, 2022. Signed by Chief Judge Miranda M. Du on 12/8/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
73
ORDER approving ECF No. 72 Stipulation to Alter or Amend Judgment. Signed by Chief Judge Miranda M. Du on 9/29/2021. (Copies have been distributed pursuant to the NEF - KR)
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Filing
71
ORDER granting ECF No. 70 Stipulation to Continue (Second Request). Retrial may commence by October 11, 2021. Signed by Chief Judge Miranda M. Du on 5/20/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
69
ORDER granting ECF No. 68 Stipulation to Alter or Amend Judgment : Retrial due by 5/24/2021. Signed by Chief Judge Miranda M. Du on 2/22/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
65
ORDER that the Court's Order (ECF No. 44 ) is vacated in part as to the denial of relief on Ground 1; the Court's prior Judgment (ECF No. 45 ) is vacated; Clerk directed to reopen this matter; the petition, as amended, is co nditionally granted on Ground 1; Clerk further directed to enter final judgment accordingly and close this case; Clerk further directed to substitute Charles Daniels for Respondent Robert LeGrand; Clerk further directed to provide a copy of this orde r and judgment to the Clerk of the Eighth Judicial District Court, in connection with that court's No. 02C188264 (Mailed on 10/9/2020); Petitioner will continue on release subject to the same conditions that the Court imposed (ECF Nos. 56 , 57 ) pending, inter alia, Respondents' notice of election. Signed by Chief Judge Miranda M. Du on 10/9/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
44
ORDER - The first-amended petition (ECF No. 16 ) is denied in its entirety. A certificate of appealability is granted as to ground 2. Clerk shall enter judgment accordingly and close this case. Signed by Judge Miranda M. Du on 12/20/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
32
ORDER granting in part and denying in part 29 Motion to Dismiss (see order for details). Petitioner to have 30 days to either: (1) inform the Court that he wishes to abandon the unexhausted grounds; (2) inform the Court that he wants to dis miss this petition to return to state court to exhaust his unexhausted claims; or (3) file a motion for a stay, asking this court to hold his exhausted claims in abeyance while he returns to state court to exhaust his unexhausted claims. If Petition er elects to abandon his unexhausted grounds, Respondents to have 30 days from petitioner's declaration of abandonment to answer; Petitioner to reply 30 days thereafter. Any additional exhibits shall be filed with separate index. Hard copies of any exhibits shall be forwarded - for this case - to the staff attorneys in Reno. Signed by Judge Miranda M. Du on 5/12/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
28
ORDER granting nunc pro tunc 15 Motion to Extend Time. Respondents shall file response to amended petition 16 within 90 days (see attached for further guidelines re response). Petitioner shall have 30 days from service of resp onse to file reply or opposition. Hard copies of exhibits for this case shall be delivered to Clerk's Office in Reno. Any copies sent previously to Las Vegas need not be resent. Signed by Judge Miranda M. Du on 5/22/14. (Copies have been distributed pursuant to the NEF - JC)
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Filing
14
ORDER appointing FPD as counsel for petitioner. Petitioner shall have 120 days to file amended petition. Hard copy of any exhibits shall be delivered to Clerk's Office in Las Vegas. Motion for extension 10 is granted nunc pro tunc. Clerk shall send copy of order to CJA Coordinator (sent via NEF 11/14/13). Signed by Judge Miranda M. Du on 11/14/13. (Copies have been distributed pursuant to the NEF - JC)
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Filing
5
ORDERED that the # 1 Application to proceed IFP is DENIED. FURTHER ORDERED that the Clerk of Court shall file the petition. FURTHER ORDERED that the Clerk shall file motion to file an extended petition (dkt. no. 1 -5) submitted with the pet ition, that the motion is GRANTED as specified herein. FURTHER ORDERED that the Clerk shall file the motion for appointment of counsel (dkt. no. 1 -4) submitted with the petition, that the motion is provisionally GRANTED as specified herein. FUR THER ORDERED that the FPD shall be provisionally appointed as counsel and shall have 30 days to undertake direct representation of petitioner or to indicate an inability to do so. FURTHER ORDERED that the Clerk shall add AG Catherine Cortez Masto as counsel for respondents and shall make informal electronic service of this order upon respondents. Respondents' counsel shall enter a notice of appearance within 21 days of entry of this order. The Clerk accordingly shall send a copy of th is order to the pro se petitioner (along with a copy of the petition), the Nevada AG, the FPD, and the CJA Coordinator for this Division. The Clerk further shall regenerate notices of electronic filing of all prior filings herein to both the Nevada AG and the FPD. Signed by Judge Miranda M. Du on 6/14/2013. (Copies have been distributed pursuant to the NEF - DRM)
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