Rodney v. Baker et al
| Kyle J. Rodney |
| Warden Baker and Nevada Attorney General |
| 3:2013cv00323 |
| June 17, 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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The following documents for this case are available for you to view or download:
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Filing
104
ORDER - IT IS THEREFORE ORDERED:1. Grounds 3 and 9 of the Petition (ECF No. 102 ) are dismissed with prejudice as procedurally defaulted and the Petition (ECF No. 102 ) is DENIED with prejudice.2. Certificates of appealability are GRANTED as discussed in this Order for Grounds 3and 9 of the Petition as they relate to Rodney's convictions for attempted murder with a deadly weapon and conspiracy to commit murder;3. A certificate of appealability is DENIED< /b> as discussed in this Order as to Rodney's conviction for battery with use of a deadly weapon resulting in substantial bodily harm;4. All requests for an evidentiary hearing are DENIED;5. The Clerk of Court is directed to su bstitute Tim Garrett for Respondent Warden Baker; and6. The Clerk of the Court is directed to enter judgment accordingly and close this case.Signed by Judge Robert C. Jones on 3/29/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
101
ORDERED : 1.Respondents must file redacted publicly available copies of the documents filed as ECF Nos. 14 -1, 14 -12, 14 -14, 14 -15, 14 -23, 14 -24, 14 -26, 15 -2, 18 -13, 18 -14, and 18 -15, in compliance with LR IC 6-1(a)(2)(5) by March 23, 2023; 2. Respondents must supplement the record with the state trial transcript containing all opening remarks to the jury, by March 23, 2023. If Respondents are unable to file the supplemental exhibit(s) described i n this order, counsel for Respondents must file a declaration explaining why, or seek other appropriate relief; 3. Petitioner must file a redacted publicly available copy of the document filed as ECF No. 33 in compliance with LR IC 6-1(a)(3) by March 23, 2023; 4. No extensions of the deadlines established herein will be considered except in the most extraordinary circumstances. Requests for extensions of time based upon scheduling conflicts between the demands of cases in this District should be sought in the later filed case; and 5. The clerk of the court shall seal the ECF documents referenced in paragraphs 1 and 3 of this Order. Signed by Judge Robert C. Jones on 3/16/2023. (Copies have been distributed pursuant to the NEF - DRM) Modified on 3/16/2023 for font (DRM).
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Filing
98
ORDER - IT IS THEREFORE ORDERED that the pending motions asking to file exhibits under seal (ECF Nos. 82 / 89 ) are GRANTED. The exhibits filed at ECF No. 83 and ECF No. 90 shall remain under seal. To the extent that respondents motion asks to file exhibits in camera, it is denied as moot. Signed by Judge Robert C. Jones on 9/23/2022. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
96
ORDER - The unopposed motion for extension of time (ECF No. 95 ) is GRANTED. The brief is now due by Tuesday, 8/23/2022. Signed by Judge Robert C. Jones on 6/10/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
94
ORDER - The unopposed motion for extension of time (ECF No. 93 ) is GRANTED. The brief is now due by Thursday, 6/9/2022. Signed by Judge Robert C. Jones on 4/29/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
92
ORDER - The unopposed motion for extension of time (ECF No. 91 ) is GRANTED. The brief is now due by Monday, April 25, 2022. Signed by Judge Robert C. Jones on 4/4/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
87
ORDER - IT IS HEREBY ORDERED that the unopposed motion for extension of time (ECF No. 86 ) (First Request) is GRANTED. Respondents' answering brief is due by February 8, 2022. Signed by Judge Robert C. Jones on 12/21/2021. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
78
ORDER - Petitioner shall file, within 45 days of the date of this order (8/27/2021), an opening brief in support of his claim that his procedural defaults should be excused under Martinez and that he is entitled to habeas relief on his remaining claims of ineffective assistance of counsel. Respondents shall have 45 days from the date petitioner's brief is filed to file a responsive brief. Petitioner shall thereafter have 30 days to file a reply brief. Signed by Judge Robert C. Jones on 7/13/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
76
ORDER - The Parties shall file a Joint Status Report within 60 days of entry of this Order and/or before Friday, July 9, 2021. Signed by Judge Robert C. Jones on 5/10/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
74
ORDER - The parties shall file a Joint Status Report with the Court on or before Monday, April 5, 2021. Signed by Judge Robert C. Jones on 3/5/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
73
ORDER granting Petitioner's ECF No. 65 Motion for Discovery; denying without prejudice Petitioner's ECF No. 66 Motion for Evidentiary Hearing; directing Petitioner to notify Court when outlined discovery is completed; directing each party to provide the other with all relevant medical records; granting Petitioner's ECF No. 67 Motion to Seal. Signed by Judge Robert C. Jones on 9/22/2020. (Copies have been distributed pursuant to the NEF - KR)
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Filing
63
ORDER - The court will permit either party to file, within 60 days of the date of this order (2/21/2020), any motion relevant to, or in furtherance of, the remand of the court of appeals. Responses to any such motions will be due within 30 days of the date the motion is filed. The moving party will then have 20 days within which to file a reply. Signed by Judge Robert C. Jones on 12/23/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
49
ORDER that Petitioner's Amended Petition for Writ of Habeas Corpus ECF No. 33 is denied; Clerk directed to enter judgment accordingly; a certificate of apealability is denied. Signed by Judge Robert C. Jones on 02/16/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
44
ORDER directing Petitioner within 20 days to file a Notice of Abandonment of Unexhausted Claims or the ECF No. 33 Amended Petition will be dismissed; if claims are abandoned within time allowed, giving Respondents 30 days from filing date of the notice to respond to amended petition and giving Petitioner 20 days to reply; denying as moot Respondents' ECF No. 43 Motion for Extension of Time. Signed by Judge Robert C. Jones on 6/7/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing
41
ORDER granting in part and denying in part 34 Motion to Dismiss and denying 39 Motion to Strike. Petitioner shall have 20 days to file notice re unexhausted claims (see attached for additional deadlines). Signed by Judge Robert C. Jones on 3/4/16. (Copies have been distributed pursuant to the NEF - JC)
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Filing
26
ORDER Motion for leave to amend 12 is denied without prejudice. Petitioner shall have 60 days to file motion for leave to amend (see attached for details). Motion to withdraw 23 is granted. Motion to dismiss 13 is wit hdrawn. Motion to seal 19 is granted. Motions for enlargement of time 11 , 24 and 25 are granted. Clerk shall send petitioner two copies of 2254 petition form with copy of instructions along with copy of original petition 7 and motion to amend 12 (mailed 2/19/14). Signed by Judge Robert C. Jones on 2/18/14. (Copies have been distributed pursuant to the NEF - JC)
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Filing
6
ORDER - Clerk shall file and electronically serve the petition and motion for counsel on respondents (served 9/17/2013). Respondents to answer or otherwise respond to petition within 45 days. If an answer is filed, petitioner shall have 45 days to reply. Petitioner to serve respondents copy of every pleading, motion, or document submitted for consideration by the court. Petitioner shall include with original paper submitted for filing a certificate of mailing. Any state court record exhibits filed by respondents shall be filed with separate index. Hard copy of any additional state court record exhibits shall be forwarded, for this case, to staff attorneys in Reno. The motion for counsel is DENIED. Signed by Chief Judge Robert C. Jones on 09/16/2013. (Copies have been distributed pursuant to the NEF - KR)
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