Yowell v. Baca et al
| Robert Steven Yowell |
| Isidro Baca and Nevada Attorney General |
| 3:2015cv00318 |
| June 16, 2015 |
| 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
113
ORDER - In light of Respondents' filing of a suggestion of death (ECF No. 112 ) following the passing of Petitioner Robert Yowell, it is ordered that the Petition (ECF No. 66 ), as amended, is dismissed without prejudice as moot. Clerk is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 1/6/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
99
ORDER re ECF No. 98 Petitioner's motion in limine. Response due by 10/2/2020. Reply due by 10/5/2020. Signed by Chief Judge Miranda M. Du on 9/30/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
92
ORDER TO TRANSPORT PRISONER - Nevada Department of Corrections will transport inmate Robert Steven Yowell, NDOC #1042533, to the Bruce R. Thompson Federal Courthouse, 400 S. Virginia Street, Reno, Nevada, to personally attend the evidentiary heari ng scheduled for August 25, 2020 at 9:00 a.m. in Courtroom 5 before the Honorable Miranda M. Du. The Clerk of Court additionally shall provide a copy of this order to the Marshal's Reno office. (Email to USM 7/23/2020.) Signed by Chief Judge Miranda M. Du on 7/22/2020. (Copies have been distributed pursuant to the NEF - DRM) Modified on 7/23/2020 ref. ECF No. 91 Proposed Order submission (DRM).
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Filing
86
ORDERED that Yowell's motion for deposition in lieu of live testimony (ECF No. 79 ) is granted as specified herein. It is further ordered that Yowell's motion to allow his expert witness to testify at the evidentiary hearing via video conference (ECF No. 80 ) is granted. Signed by Chief Judge Miranda M. Du on 5/29/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
75
ORDER - Respondents must file and serve a response to the emergency motion for release (ECF No. 70 ) within 3 days of the date that this order is entered.Petitioner must file his reply, if any, within 5 days of the date that Respondents file their response.Petitioner's Motion for Leave to File Exhibits under Seal (ECF No. 73 ) is granted. Signed by Chief Judge Miranda M. Du on 4/13/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
74
ORDER - Stipulation to Continue Deadlines (ECF No. 68 ) is granted.Respondents will have until June 26, 2020, to depose Yowell's expert. Respondents will have until July 15, 2020, to designate any rebuttal expert and pr ovide Yowell a copy of that expert's report. Yowell will have until August 3, 2020, to depose any rebuttal experts.All other deadlines imposed by this Court's February 18, 2020 Order (ECF No. 65 ) will remain.Signed by Chief Judge Miranda M. Du on 4/10/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
65
ORDER - Yowell will have until March 9, 2020, to provide Respondents a copy of his expert's report, that Respondents will have until April 27, 2020, to depose Yowell's expert, that Respondents will have until May 15, 2020, to designate any rebuttal expert and provide Yowell a copy of that expert's report, and Yowell will have until June 15, 2020, to depose any rebuttal expert. It is further ordered that Yowell will have until March 30, 2020, to file a second amended petition. It is further ordered that Respondents will have until May 15, 2020, within which to respond by an answer that consolidates all of Respondents procedural defenses together with their response also on the merits, including addressing all applica ble issues under Martinez. It is further ordered that Yowell will have until June 15, 2020, to file a reply. It is further ordered, given the age of this case, that any requests for extension of time with respect to any deadline in co nnection with this order are strongly discouraged. It is further ordered, subject to the foregoing, that an evidentiary hearing date is set for August 25, 2020, at 9 a.m., in Courtroom 5 of the Bruce R. Thompson Federal Courthouse, 400 S. Virginia Street, Reno, Nevada, on all legal and factual issues pertaining to Petitioner's claims. It is further ordered that counsel for the parties will complete the following prehearing procedures listed herein. (See order pdf for further details). Signed by Chief Judge Miranda M. Du on 2/18/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
59
ORDER - The Court will hear oral argument on the petition in this matter at a time and date to be scheduled by a separate minute order, with the AG to ensure that Petitioner is transported to Reno for the hearing. Parties will file prehearing briefs up to 20 pages in length to address the points identified herein within 30 days from entry of this order (2/6/2020). Signed by Chief Judge Miranda M. Du on 1/7/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
57
ORDER granting ECF No. 56 Petitioner's Unopposed Motion for Extension of Time to reply to ECF No. 55 Answer. Reply due by 1/29/2018. Signed by Judge Miranda M. Du on 12/29/2017. (Copies have been distributed pursuant to the NEF - LH)
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Filing
54
ORDER - Respondents' motion to dismiss (ECF No. 34 ) is granted in part. Claims One, Two, Three, Six, Seven, Eight, Nine, Ten, and Eleven of the second amended petition (ECF No. 23 ) are dismissed with prejudice because they are untimely. R espondents' motion to file pleading in excess of pages (ECF No. 51) is granted. Respondents shall file and serve an answer by 11/13/2017. Reply due 45 days after service of answer. Signed by Judge Miranda M. Du on 9/29/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
27
ORDER re ECF No. 23 Amended Petition for Writ of Habeas Corpus: Respondents' answer or other response due within 45 days. Signed by Judge Miranda M. Du on 7/19/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing
17
ORDER granting 9 Motion to Seal and granting 16 Motion for Leave to File Amended Petition. Amended Petition due by 1/4/2016. Signed by Judge Miranda M. Du on 12/8/15. (Copies have been distributed pursuant to the NEF - JC)
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Filing
3
ORDER IFP Application 1 is granted. Clerk shall file petition, motion for appointment of counsel, and motion to extend copywork limit. Motion for appointment of counsel is granted. FPD provisionally appointed and shall have 30 days to und ertake representation or indicate inability to do so. Clerk shall add AG as counsel for respondents and electronically serve all counsel copy of petition and copy of this order (served via NEF 10/1/15). Respondents' counsel shall enter notice of appearance within 20 days. Hard copy of state court record exhibits shall be forwarded to staff attorneys in Las Vegas. Motion to extend prison copywork limit is denied as moot. Signed by Judge Miranda M. Du on 10/1/15. (Copies have been distributed pursuant to the NEF - JC)
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