Morris v. Baker et al
| Brent Morris |
| Renee Baker and Nevada Attorney General |
| 3:2014cv00372 |
| July 16, 2014 |
| US District Court for the District of Nevada |
| Reno Office |
| William G. Cobb |
| Larry R. Hicks |
| 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
95
ORDER - This action is dismissed without prejudice based on Petitioner's failure to comply with the Local Rules. The Clerk is instructed to enter final judgment accordingly and close this case. Signed by Judge Larry R. Hicks on 4/19/2021. (ECF No. 90 Motion to Dismiss terminated). (Copies have been distributed pursuant to the NEF - AB)
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Filing
93
ORDER granting ECF No. 91 Motion to Extend Time. Morris has until April 9, 2021, to oppose the Second Motion to Dismiss (ECF No. 90 ). Signed by Judge Larry R. Hicks on 3/5/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
89
ORDER granting ECF No. 87 Motion for Leave to File a Second Motion to Dismiss. Respondents shall file their Proposed Motion (ECF No. 87 -2) on or before February 5, 2021. Signed by Judge Larry R. Hicks on 2/1/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
86
ORDER GRANTING ECF No. 85 Motion to Extend Time : Respondents have until January 29, 2021, to file and serve an answer to the remaining claims of Petitioner's First Amended Petition (ECF No. 25 ). Signed by Judge Larry R. Hicks on 12/2/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
84
ORDER granting ECF No. 83 Motion to Extend Time. Respondents have until November 30, 2020, to file and serve an answer to the remaining claims of Petitioner's First Amended Petition (ECF No. 25 ). Signed by Judge Larry R. Hicks on 10/15/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
81
ORDER - Respondents' Amended Motion to Dismiss (ECF No. 73 ) is granted in part and denied in part as explained herein. The following claims of the Amended Petition (ECF No. 25 ) are dismissed with prejudice as procedurally defau lted: Grounds 2, 3, 4, 5, 6, 7, and 9 in their entirety and Ground 8 to the extent it asserts the State Court erred as specified herein. Respondents will have 60 days to answer the surviving grounds of the Amended Petition. Petitioner will have 60 days following service of the answer to file and serve a reply brief. (See PDF image for additional details). Signed by Judge Larry R. Hicks on 8/13/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
72
ORDER granting ECF No. 71 Motion to Extend Time re ECF No. 25 Amended Petition. Answer/Response due by 9/27/2019. Signed by Judge Larry R. Hicks on 8/5/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
69
ORDER granting Petitioner's ECF No. 67 Motion to Reopen Case; directing that as the stay is lifted by this order that the Clerk reopen the file in this action; giving Respondents 60 days to answer ECF No. 25 Amended Petition. Petitioner to reply within 60 days thereafter. Any exhibits to be filed with separate index. Hard copies of any exhibits to be forwarded, for this case, to the Las Vegas Clerk's Office. Signed by Judge Larry R. Hicks on 5/28/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
61
ORDER that petitioner's motion for default judgment ECF No. 49 is DENIED; respondents to file a notice of corrected image of the exhibits contained in ECF No. 60 to begin those exhibits at number 128 instead ofnumber 126; petitioner 's motion for a Rhines stay and abeyance ECF No. 51 is GRANTED; this action is stayed pending exhaustion of the unexhausted claims in petitioner's petition; the grant of a stay is conditioned upon petitioner further litigat ing his state post-conviction petition or other appropriate proceeding in state court; Clerk directed to administratively close this action, until such time as the Court grants a motion to reopen.court proceedings. Signed by Judge Larry R. Hicks on 7/25/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
57
ORDER granting ECF No. 56 Respondents' second motion fro enlargement of time to comply with ECF No. 48 Order. Supplement due by 8/9/2018. Signed by Judge Larry R. Hicks on 6/25/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
55
ORDER granting ECF No. 54 Motion to Extend Time re ECF No. 51 Motion to Stay: Response due by 6/25/2018. Signed by Judge Larry R. Hicks on 5/24/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing
53
ORDER granting ECF No. 52 Motion for Extension of Time to comply with ECF No. 48 Order. Respondents to supplement the record as previously direct by Court ECF No. 48 by 6/25/2018. Signed by Judge Larry R. Hicks on 5/10/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
48
ORDER that petitioner's motion for appointment of counsel ECF No. 43 is DENIED; petitioner's motion for reconsideration is GRANTED IN PART; respondents to supplement the record to include all documents relevant and related to petitioners state court motion to correct illegal sentence 5/10/2018; petitioners stipulation to have the court rule on his unexhausted claims ECF No. 44 is DENIED petitioner to either file a motion to dismiss seeking partial dismissal; dismissal of entire petition without prejudice; a motion for stay and abeyance by 5/10/2018. Signed by Judge Larry R. Hicks on 4/10/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
46
ORDER granting ECF No. 45 Motion for an Extension of Time to respond to ECF No. 44 "Stipulation to Have This Court Rule on His Unexhausted Claims". Response due by 2/15/2018. Signed by Judge Larry R. Hicks on 1/16/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
42
ORDERED that respondents' motion (ECF No. 37 ) to dismiss is GRANTED IN PART and DENIED IN PART, as further specified herein in the remaining provisions below in this order. (See pdf order for specifics.) IT IS FURTHER ORDERED that the Court holds that the following claims in the first amended petition are not exhausted: (a) Grounds 2, 3, 4, 5, 7, 8, 9, 10(A)(1), 10(B)(2), 10(B)(3) and 10(B)(7) in their entirety; (b) Ground 6 to the extent it asserts that the t rial court interfered with petitioner's right to testify; and, (c) Ground 10(B)(6) to the extent it asserts appellate counsel was ineffective. IT IS FURTHER ORDERED that petitioner shall have until 1/7/2018 to mail to the Clerk for filin g either: (1) a motion to dismiss seeking partial dismissal only of the unexhausted claims; (2) a motion to dismiss the entire petition without prejudice in order to return to state court to dismiss the unexhausted claims; and/or (3) other appropriate relief, such as a motion for a stay and abeyance pending exhaustion. Signed by Judge Larry R. Hicks on 12/8/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
36
ORDER - P's # 24 second motion for the appointment of counsel is DENIED. FURTHER ORD that P's ## 26 , 31 , 32 , 33 , 35 motions for extensions of time are DENIED AS MOOT. FURTHER ORD that Rs' # 27 motion to strike the first a mended petition is DENIED. FURTHER ORD that this action SHALL PROCEED on the # 25 first amended petition. FURTHER ORD that by 5/15/2016 respondents SHALL FILE answer, or otherwise respond to, the 25 first amended petition. FURTHER ORD that if an answer is filed, reply due 30 days after service of answer. FURTHER ORD that if a motion to dismiss is filed, the parties shall brief the motion in accordance with Local Civil Rule 7-2. Signed by Judge Larry R. Hicks on 3/31/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
17
ORDER denying 6 Motion for Appointment of Counsel. Petitioner's reply to the answer due within 45 days (by 3/21/2015). Signed by Judge Larry R. Hicks on 2/3/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
7
ORDER Clerk shall electronically serve 2 Petition upon respondents (served via NEF 10/30/14). Respondents shall have 45 days to respond to petition. Hard copy of state court exhibits shall be forwarded to staff attorneys in Reno. Henceforth, petitioner shall serve upon AG copy of all pleadings submitted to the court. Signed by Judge Larry R. Hicks on 10/29/14. (Copies have been distributed pursuant to the NEF - JC)
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