Smith v. Cox et al
| Larry Smith |
| James Cox and Nevada Attorney General |
| 3:2015cv00034 |
| January 20, 2015 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| 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 - Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 by a person in state custody (ECF No. 5 ) is denied.Petitioner is denied a certificate of appealability. Clerk is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 1/28/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
64
ORDER that, within 10 days of the date of this order, Respondents will file a complete copy of the post-conviction evidentiary hearing transcript. Signed by Chief Judge Miranda M. Du on 1/8/2020. (Copies have been distributed pursuant to the NEF - LH)
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Filing
62
ORDER - Petitioner's motion to recall all abandoned IAC claims (ECF No. 58 ) is denied. It is further ordered that Petitioner will have 30 days to file a reply, if any, in support of his Petition. It is further ordered that Petitioner's two motions for copy of docket sheet (ECF Nos. 59 , 60 ) are both denied. Signed by Judge Miranda M. Du on 4/22/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
56
ORDER that Respondents' first and second motions for extension of time (ECF Nos. 52 , 54 ) are both granted nunc pro tunc. Signed by Judge Miranda M. Du on 8/15/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
47
ORDER granting in part ECF No. 46 motion for extension of time; petitioner will have (30) days to file a sworn declaration as outlined in order; if petitioner elects to abandon his unexhausted grounds, respondents to have (30) days in which to file an answer to petitioner's remaining grounds for relief. See order for further details and information. Signed by Judge Miranda M. Du on 4/3/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
45
ORDER denying ECF No. 41 Motion for District Judge to Reconsider Order; petitioner has 30 days to file sworn declaration that he wishes to: (1) abandon the unexhausted grounds for relief in his federal habeas petition and proceed on the e xhausted grounds or (2) to dismiss this petition without prejudice in order to return to state court. (See Order for further information and details). Signed by Judge Miranda M. Du on 3/2/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
40
ORDER denying ECF No. 34 Motion for stay and abeyance. P shall file declaration by 7/2/2017. If P elects to abandon, then answer due 30 days after service of declaration; and, reply due 30 days thereafter. Motions for status check (ECF Nos. 37 , 38 ) are denied as moot. Signed by Judge Miranda M. Du on 6/2/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
22
ORDER -Respondents' # 1 Motion to dismiss is granted as follows: The following grounds are dismissed as set forth in this order: grounds 1(c), 6 and 7. The following grounds are unexhausted: grounds 1(d), 1(e), 3, and 10. Petitioner will h ave 30 days to either: (1) inform this Court in a sworn declaration that he wishes to formally and forever abandon the unexhausted grounds for relief in his federal habeas petition and proceed on the exhausted grounds; or (2) inform this Court in a sworn declaration that he wishes to dismiss this petition without prejudice in order to return to state court to exhaust his unexhausted claims; or (3) file a motion for a stay and abeyance. If petitioner elects to abandon his unexhausted ground s, respondents will have 30 days from the date petitioner serves his declaration of abandonment in which to file an answer to petitioner's remaining grounds for relief. Petitioner will have 30 days following service of respondents' answer in which to file a reply. Signed by Judge Miranda M. Du on 2/26/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
12
ORDER denying 10 Motion for District Judge to Reconsider Order. Signed by Judge Miranda M. Du on 7/2/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
4
ORDER Clerk shall file and electronically serve petition on respondents. Response to petition due within 90 days. Hard copy of state court record exhibits shall be forwarded - for this case - to staff attorneys in Reno. Please see attached for further details and deadlines. Signed by Judge Miranda M. Du on 4/23/15. (Copies have been distributed pursuant to the NEF - JC)
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