Cardenas v. Sandie et al
| Joel Cardenas |
| Nevada Attorney General and Sandie |
| 3:2015cv00476 |
| September 17, 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
90
ORDERED that Respondents must file no later than May 10, 2024, redacted publicly available copies of the documents filed as ECF Nos. 12 -1; 12 -3; 12 -5; 44 -1; 44 -27; 44 -40; 44 -42; 44 -43; 44 -54; 45 -46; 45 -51; 45 -55; 45 -56; [ 45]-58; 45 -62; 45 -64; 64 -14; 64 -15; 64 -27; and 65 -8, in compliance with LR IC 6-1(a)(3) and (a)(5). It is further ordered that Respondents must file no later than May 10, 2024, a complete copy of Exhibit 132, Part 2. The Clerk of Court is directed to seal the filed documents noted herein. Signed by Chief Judge Miranda M. Du on 4/25/2024. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
84
ORDER granting in part and denying in part ECF No. 83 Motion to Extend Time. Reply re ECF No. 78 is due by January 22, 2024. Signed by Chief Judge Miranda M. Du on 10/23/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
82
ORDER granting ECF No. 81 Motion to Extend Time. Reply due by 10/23/2023. Signed by Chief Judge Miranda M. Du on 8/23/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
80
ORDER granting ECF No. 79 Motion to Extend Time. Petitioner has until August 22, 2023 to file his reply re ECF No. 78 Answer to Amended Habeas Petition. Signed by Chief Judge Miranda M. Du on 5/30/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
77
ORDER - Respondents' unopposed second motion for enlargement of time (ECF No. 76) is granted. Respondents have until Monday, April 24,2023, to answer the Amended Petition for Writ of Habeas Corpus (ECF No. 39 ). Signed by Chief Judge Miranda M. Du on 3/23/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
75
ORDER - It is therefore ordered that Respondents' unopposed first motion for enlargement of time (ECF No. 74 ) is granted. Respondents have until March 23, 2023, to answer the Amended Petition for Writ of Habeas Corpus (3/23/2023). Signed by Chief Judge Miranda M. Du on 2/16/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
72
ORDERED that Respondents' motion to dismiss (ECF No. 63 ) is denied. Ground II is unexhausted but is technically exhausted because it is procedurally barred by the state courts. Ground III is unexhausted but is technically exhausted because it is procedurally barred by the state courts. It is further ordered that the Court defers consideration of whether Petitioner can demonstrate cause and prejudice to overcome the procedural default of Grounds II and III until after the fi ling of an answer and reply in this action. It is further ordered that, within 60 days of entry of this order (2/20/2022) Respondents must file an answer as detailed herein. Reply due 30 days thereafter. It is further ordered that the Respondents motion for leave to file the presentence investigation report under seal (ECF No. 66 ) is granted. Signed by Chief Judge Miranda M. Du on 12/22/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
62
ORDER - Respondents' unopposed first motion for enlargement of time (ECF No. 61 ) is granted. Respondents have until August 5, 2022, to answer or otherwise respond to the Amended Petition for Writ of Habeas Corpus (ECF No. 39 ). Signed by Chief Judge Miranda M. Du on 7/6/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
60
ORDER - Cardenas' motion to reopen this action (ECF No. 59 ) is granted. The Clerk of Court is directed to reopen the file in this action, as the stay is lifted by this order. Respondents will have 60 days to answer, or otherwis e respond to, the Amended Petition for Writ of Habeas Corpus (ECF No. 39 ) (due by 6/20/2022). Cardenas will have 60 days following service of the answer to file and serve a reply brief. The Clerk of Court is directed to substitute Tim Garrett for Respondent Dwight Neven. See attached PDF Order for additional specifications. Signed by Chief Judge Miranda M. Du on 4/21/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
56
ORDER - The Motion to Dismiss (ECF No. 43 ) is granted in part and denied as explained herein.This action is stayed pending exhaustion of the unexhausted claims in the amended petition. The grant of a stay is conditioned upon Cardenas liti gating his 2019 state petition or other appropriate proceeding in state court and returning to federal court with a motion to reopen within 45 days of issuance of the remittitur by the Supreme Court of Nevada at the conclusion of the state court proc eedings. Cardenas or Respondents otherwise may move to reopen the action and seek any appropriate relief under the circumstances. Respondents are not required to file an answer to the Amended Petition at this time. The Court will reset the briefi ng schedule as necessary upon reopening the matter.It is further ordered that the Clerk of Court close this action until such time as the Court grants a motion to reopen the matter. Signed by Chief Judge Miranda M. Du on 2/13/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
52
ORDER granting ECF No. 51 Motion to Extend Time re ECF No. 43 Motion to Dismiss. Petitioner's response due by 11/18/2019. Signed by Chief Judge Miranda M. Du on 10/4/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
50
ORDER granting ECF No. 49 Motion to Extend Time re ECF No. 43 Motion to Dismiss. Responses due by 10/4/2019. Signed by Judge Miranda M. Du on 8/5/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
42
ORDER granting ECF No. 41 Respondents' unopposed motion for enlargement of time. Respondents' answer/response to ECF No. 39 Amended Petition due by 7/22/2019. Signed by Judge Miranda M. Du on 5/21/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
38
ORDER granting ECF No. 37 Fifth Unopposed Motion for extension of Time ECF No. 37 . Amended Petition for writ of habeas corpus due by 3/22/2019. Signed by Judge Miranda M. Du on 3/15/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
36
ORDER granting ECF No. 35 Motion to Extend Time: Amended Petition due by 3/15/2019. Signed by Judge Miranda M. Du on 3/5/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
34
ORDER granting ECF No. 33 Motion to Extend Time: Amended Petition due by 3/5/2019. Signed by Judge Miranda M. Du on 2/20/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
31
ORDER that Petitioner's unopposed motion for extension of time (ECF No. 30 ) is granted. Petitioner will have until February 17, 2019, to file a counseled amended petition for writ of habeas corpus in this case. Signed by Judge Miranda M. Du on 12/21/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
29
ORDER that Petitioner's unopposed motion for extension of time (ECF No. 28 ) is granted in part; Petitioner will have until December 19, 2018, to file a counseled amended petition for writ of habeas corpus in this case. Signed by Judge Miranda M. Du on 9/24/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
25
ORDER that FPD through S. Alex Spelman, Esq. is appointed as counsel for Petitioner; amended petition due by 9/20/2018; respondents must file a response to any amended petition within 60 days of service; any additional state court record exhibits filed herein. See Order for further details and instructions. Signed by Judge Miranda M. Du on 6/22/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
23
ORDER granting ECF No. 22 Petitioner's second motion for an extension of time in which to file a notice of representation. FPD will have until 6/21/2018, to either undertake direct representation of Petitioner or to file a notice that it is unable to do so. Signed by Judge Miranda M. Du on 6/7/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
21
ORDER - Petitioner's motion for an extension of time (ECF No. 20 ) is granted. The Federal Public Defender will have until June 7, 2018, to either undertake direct representation of Petitioner or to file a notice that it is unable to do so. Signed by Judge Miranda M. Du on 5/16/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
19
ORDER that part of ECF No. 18 Order is vacated; the petitioner's motion for appointment of counsel (ECF No. 17 is granted; FPD provisionally appointed as counsel; notice of representation due by 5/17/2018; Clerk directed to send a copy of this order to FPD and CJA Coordinator (e-service on 4/17/2018); nothing in ECF No. 18 Order will prevent counsel for petitioner from filing a renewed motion to stay at any point in these proceedings; petitioner will not be requir ed to file any motion in compliance with ECF No. 18 Order. Signed by Judge Miranda M. Du on 4/17/2018. (Mailed order to petitioner on 4/17/2018). (Copies have been distributed pursuant to the NEF - LH) Modified on 4/17/2018 to denote distribution to petitioner(LH).
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Filing
18
ORDER that petitioner's motion for appointment of counsel (ECF No. 17 ) is denied; petitioner's motion for stay and abeyance (ECF No. 15 ) is denied; petitioner will have until 5/12/2018 to mail motion outlined in ord er to the Clerk for filing; the entire petition will be dismissed without prejudice for lack of complete exhaustion if motion is not timely mailed for filing. Signed by Judge Miranda M. Du on 4/12/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
14
ORDER that ECF No. 11 Motion to Dismiss is granted in part and denied in part. Petitioner to file a Motion as indicated in the order by 1/10/2018. See order for further details and instructions. Signed by Judge Miranda M. Du on 12/11/2017. (Copies have been distributed pursuant to the NEF - LH)
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Filing
10
ORDER granting Respondents' ECF No. 6 Motion to Substitute Party, substituting Dwight Neven for Acting Warden; granting Respondents' ECF No. 9 Motion for Extension of Time re ECF No. 4 Petition: Respondents' answer due 8/5/2016. Signed by Judge Miranda M. Du on 6/8/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing
3
ORDER - # 1 IFP Application is granted. Clerk shall file and e-serve petition upon Rs. ( E-service performed on 4/21/2016. ) Clerk shall file motion for counsel. The motion for counsel is denied. Answer due by 6/5/2016. Any state court exhibits sh all be filed with index as specified herein; hard copy of all exhibits shall be sent to Reno staff attorneys. Henceforth, P must serve AG with copy of every submission, together with certificate of service. Signed by Judge Miranda M. Du on 4/21/2016. (Copies have been distributed pursuant to the NEF - DRM)
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