Denver v. LeGrand et al
| Omar Rueda Denver |
| Warden LeGrand and Nevada Attorney General |
| 3:2013cv00309 |
| June 11, 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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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
67
ORDER granting ECF No. 66 Stipulation to Alter or Amend Judgment : Judgment amended to permit retrial of this matter by 9/1/2021. Signed by Chief Judge Miranda M. Du on 2/8/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
65
ORDER granting 64 Second STIPULATION to Alter or Amend Judgment : The final judgment herein, as corrected and amended (ECF Nos. 55 , 56 , 63 ), is amended to extend the deadline for the commencement of jury selection in a retrial of Petitioner up to and including February 28, 2021, subject to reasonable request for modification by either party pursuant to Rules 59 or 60. Signed by Chief Judge Miranda M. Du on 4/14/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
63
ORDER that pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure, the parties request to amend the judgment (ECF No. 62 ) is granted and that the final judgment herein, as corrected (ECF Nos. 55 , 56 ), is amended to extend the deadline for the commencement of jury selection in a retrial of Petitioner up to and including July 1, 2020, subject to reasonable request for modification by either party pursuant to Rules 59 or 60. Signed by Judge Miranda M. Du on 6/7/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
53
ORDER the petition for a writ of habeas corpus, as amended, is conditionally granted on Ground 2 and that, accordingly, the state court judgment of conviction of Petitioner Omar Rueda-Denvers in No. 07C235875-1 in the Eighth Judicial District Court for the State of Nevada hereby is vacated and Petitioner will be released from custody within 30 days of the later of the conclusion of any proceedings seeking appellate or certiorari review of the Courts judgment, if affirmed, or the expiration of the delays for seeking such appeal or review, unless the state files a written election in this matter within the 30 day period to retry Petitioner and thereafter commences jury selection in the retrial within 120 days following the election to retry Petitioner, subject to reasonable request for modification of the time periods in the judgment by either party pursuant to Rules 59 or 60. All remaining claims are denied without prejudice as moot following upon the conditional grant of the writ on Ground 2. Clerk directed to enter final judgment as outlined in order; Clerk directed to substitute Renee Baker for Respondent Warden LeGrand; Clerk directed to provide a copy of this order and judgment to Clerk of Eighth Judicial District Court, Case No. 07C235875-1 (mailed certified copies on 1/14/2019). Signed by Judge Miranda M. Du on 1/14/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
50
ORDER that counsel will manually file the exhibit required by ECF No. 47 in the Reno Clerk's Office by 12/21/2018 and send another identical disc to the staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 12/7/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
47
ORDER - The parties shall manually file in the Reno Clerk's Office a joint Exhibit No. 133 as specified herein, within 21 days of entry of this order. It is further ordered that Counsel send a courtesy copy of an identical disc to the attention of the pro se staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 11/14/2018. (Copies have been distributed pursuant to the NEF - DRM) Modified on 11/14/2018 to add 21 day deadline (DRM).
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Filing
36
ORDER - Respondents' motion to dismiss (ECF No. 31 ) is denied without prejudice as set forth in this order. Answer/response to remaining grounds in first-amended petition (ECF No. 13 ) due by 11/25/2016. Reply due 60 days after service of answer. Petitioner's first and second motions for extension of time to file an opposition to the motion to dismiss (ECF Nos. 32 and 33 ) are both granted nunc pro tunc. Petitioner's motion to file late pleading (ECF No. 35 ) is granted. Signed by Judge Miranda M. Du on 9/26/2016. (Copies have been distributed pursuant to the NEF - DRM) Modified on 9/26/2016 for punctuation (DRM).
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Filing
30
ORDER granting 28 Motion to Reopen Case. Clerk shall reopen case and link 29 supplemental exhibits to 13 Amended Petition. Answer / other response due within 45 days. Courtesy copies of further exhibits must be sent to staff attorney in Reno division. Please see attached for further details/deadlines. Signed by Judge Miranda M. Du on 11/9/15. (Copies have been distributed pursuant to the NEF - JC)
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Filing
26
ORDER granting 24 Motion for Stay pending exhaustion of unexhausted claims. Any further hard copies of exhibits for this case shall be sent to the Clerk's Office in Reno. Respondents shall have 30 days to respond to any motion( s) filed by Petitioner. The clerk shall administratively close this action until such time as a motion to reopen is granted. See order for further details. Signed by Judge Miranda M. Du on 4/30/2014. (Copies have been distributed pursuant to the NEF - KR)
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Filing
3
ORDERED that the # 1 IFP Application is DENIED without prejudice. P shall either pay the $5.00 filing fee or submit a properly-completed pauper application by 7/18/2013. FURTHER ORD the Clerk shall file the petition. FURTHER ORD that th e Clerk shall file the motion (# 1 -3) for appointment of counsel, and that motion is provisionally GRANTED as specified herein. FURTHER ORD that the FPD is provisionally appointed as counsel and shall have 30 days to undertake direct represent ation of P or to indicate an inability to do so. FURTHER ORD, the Clerk shall add AG as counsel for Rs and shall make informal electronic service of this order upon Rs. Rs' counsel shall enter a notice of appearance by 7/9/2013. The Clerk shall send a copy of this order to the pro se P (along with a copy of the petition), the AG, the FPD, and the CJA coordinator. (E-service performed 6/18/2013) The Clerk further shall regenerate notices of electronic filing of all prior filings herein to both the AG and FPD. ( Regeneration performed 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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