Macias v. Baker et al
Petitioner: Frank Macias
Respondent: Renee Baker and Nevada Attorney General
Case Number: 3:2015cv00461
Filed: September 8, 2015
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Valerie P. Cooke
Presiding Judge: Robert C. Jones
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 9, 2022 Opinion or Order Filing 74 ORDER - IT IS THEREFORE ORDERED that the petition (ECF No. 6 ) is DENIED in its entirety.IT IS FURTHER ORDERED that a COA is DENIED.IT IS FURTHER ORDERED the Clerk of Court is directed to substitute Calvin Johnson for Respondent Renee Baker.IT IS FURTHER ORDERED that the Clerk shall enter judgment and close this case. Signed by Judge Robert C. Jones on 5/9/2022. (Copies have been distributed pursuant to the NEF - CJD)
March 2, 2022 Opinion or Order Filing 71 ORDER - Respondents' motion for leave to file sur-reply (ECF No. 56 ) is GRANTED. The Clerk of Court is directed to detach and file the sur-reply at ECF No. 56 -1. The following motions filed by petitioner: motion to grant petitioner e videntiary hearing (ECF No. 58 ); motion to grant habeas corpus (ECF No. 59 ); motion to reconsider appointment of counsel (ECF No. 60 ); and motion to dismiss the motion for leave to file sur-reply (ECF No. 67 ) are all DENIED as set forth in this order. Signed by Judge Robert C. Jones on 3/2/2022. (Copies have been distributed pursuant to the NEF - HKL)
March 8, 2021 Opinion or Order Filing 52 ORDER granting ECF No. 51 Motion to Extend Time; Respondent's answer to ECF No. 6 Macias's Petition for Writ of Habeas Corpus due by 4/22/2021. Signed by Judge Robert C. Jones on 3/8/2021. (Copies have been distributed pursuant to the NEF - SC)
January 8, 2021 Opinion or Order Filing 44 ORDER - Petitioner's motion to continue stay and abeyance (ECF No. 33 ) is DENIED. Petitioner's motion for appointment of counsel (ECF No. 38 ) is DENIED. Petitioner shall have 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 t his petition without prejudice in order to return to state court to exhaust his unexhausted grounds. If Petitioner elects to abandon his unexhausted grounds, Respondents shall have 30 days from the date Petitioner serves his declaration of abandonmen t in which to file an answer to Petitioner's remaining grounds for relief. Petitioner shall have 30 days following service of Respondents' answer in which to file a reply. If Petitioner fails to respond to this order within the time permitted, this case may be dismissed. Signed by Judge Robert C. Jones on 1/8/2021. (Copies have been distributed pursuant to the NEF - AB)
March 3, 2020 Opinion or Order Filing 32 ORDER that Respondents' motion to dismiss (ECF No. 11 ) is granted as follows: (1) grounds 2 and 5 are DISMISSED and (2) grounds 1(a), 1(b), 1(c), 3, and 6 are UNEXHAUSTED; Petitioner shall have 30 days to respond as outlin ed in order; if Petitioner elects to abandon his unexhausted grounds, Respondents shall have 30 days from the date of service to file an answer; Petitioner shall have 30 days following service of Respondents' answer in which to file a reply; if Petitioner fails to respond to this order within the time permitted, this case may be dismissed. Signed by Judge Robert C. Jones on 3/3/2020. (Copies have been distributed pursuant to the NEF - LW)
March 6, 2017 Opinion or Order Filing 15 ORDERED that petitioner's motion for stay and abeyance (ECF No. 12 ) is GRANTED. FURTHER ORDERED that this action is STAYED pending final resolution of petitioner's state proceedings. FURTHER ORDERED that the grant of a stay is condit ioned upon petitioner returning to federal court with a motion to reopen the case within 45 days of the issuance of the remittitur. FURTHER ORDERED that respondents' motion to dismiss (ECF No. 10 ) is DENIED without prejudice. FURTHER ORDERED that the Clerk SHALL ADMINISTRATIVELY CLOSE this action, until such time as the court grants a motion to reopen the matter. Signed by Judge Robert C. Jones on 3/6/2017. (Copies have been distributed pursuant to the NEF - DRM)
May 6, 2016 Opinion or Order Filing 5 ORDER granting ECF No. 1 Motion/Application for Leave to Proceed in forma pauperis; directing Clerk to file and electronically serve petition on respondents; directing respondents to file response to petition within 90 days (see attache d for further details and deadlines); directing parties to send courtesy copies of exhibits to Reno division; directing the Clerk to file motion for appointment of counsel (motion is denied); and denying as moot ECF No. 3 Motion to Extend Time and ECF No. 4 Motion to Withdraw. Signed by Judge Robert C. Jones on 5/6/16. (Copies have been distributed pursuant to the NEF - JC)
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Respondent: Renee Baker
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Respondent: Nevada Attorney General
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Petitioner: Frank Macias
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