Marquez v. McDaniel et al
| Alex Marquez |
| E.K. McDaniel and Nevada Attorney General |
| 3:2015cv00492 |
| September 24, 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
97
ORDER - The petition for writ of habeas corpus (ECF No. 14 ) is denied in its entirety. A certificate of appealability is granted for Ground 1 and Ground 6 only. A certificate of appealability is denied for all other grounds in the petition. The Clerk of Court is directed to substitute Tim Garrett for Respondent E.K. McDaniel. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 3/14/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
94
ORDER - The Clerk of Court is directed to seal the documents filed as ECF No. 16 and ECF No. 32 -9. It is therefore ordered that within 10 days of the date of entry of this order (2/3/2022), Marquez must file a redacted publicly available co py of the document filed as ECF No. 16 in compliance with LR IC 6-1(a)(1) and (a)(3). It is further ordered that within 14 days of the date of entry of this order (2/7/2022), Respondents must file a redacted publicly available copy of the document filed as ECF No. 32 -9 in compliance with LR IC 6-1(a)(3). Signed by Chief Judge Miranda M. Du on 1/25/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
92
ORDER granting ECF No. 91 Motion to Extend Time re ECF No. 90 Answer to ECF No. 14 First Amended Petition. Reply due by 12/18/2020. Signed by Chief Judge Miranda M. Du on 11/30/2020. (Copies have been distributed pursuant to the NEF - KR)
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Filing
89
ORDER granting ECF No. 88 Motion to Extend Time. Respondents will have up to and including October 28, 2020, to file an Answer to the First Amended Petition (ECF No. 14 ). Signed by Chief Judge Miranda M. Du on 10/23/2020. (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 will have up to and including October 22, 2020, to file an answer to the First Amended Petition (ECF No. 14 ). Signed by Chief Judge Miranda M. Du on 9/24/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
84
ORDER granting ECF No. 83 Motion to Extend Time. Respondents will have up to and including September 22, 2020, to file an Answer to the First Amended Petition (ECF No. 14 ). Signed by Chief Judge Miranda M. Du on 8/21/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
82
ORDER granting ECF No. 81 Motion to Extend Time. Respondents will have up to and including August 20, 2020, to file an answer to the First Amended Petition (ECF No. 14 ). Signed by Chief Judge Miranda M. Du on 5/21/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
80
ORDERED Petitioner's motion to dismiss in part unexhausted grounds and proceed on exhausted grounds or subparts thereof (ECF No. 78 ) is granted. Grounds are dismissed as specified herein. Respondents will have 45 days from the dat e of entry of this order (5/23/2020) to file and serve an answer. Petitioner will have 45 days from service of answer to file a reply. Signed by Chief Judge Miranda M. Du on 4/7/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
77
ORDER granting in part and denying in part Respondents' ECF No. 69 Motion to Dismiss; giving Petitioner 30 days to file a motion for dismissal without prejudice of entire petition, for partial dismissal of aforementioned grounds, or other relief; directing Petitioner to file a signed declaration under penalty of perjury within 10 days of filing such motion. (See order for further details.) Signed by Chief Judge Miranda M. Du on 2/3/2020. (Copies have been distributed pursuant to the NEF - KR)
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Filing
75
ORDER granting ECF No. 74 Respondents' unopposed motion for an extension of time re ECF No. 69 Motion to Dismiss. Reply due by 9/6/2019. Signed by Chief Judge Miranda M. Du on 9/6/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
72
ORDER Petitioner's motion for extension of time (ECF No. 71 ) is granted. Petitioner will have through August 16, 2019, to file a response to the motion to dismiss (ECF No. 69 ). Signed by Judge Miranda M. Du on 6/19/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
70
ORDER that Respondents' motion for an extension of time (ECF No. 68 ) is granted nunc pro tunc, in connection with the motion to dismiss (ECF No. 69 ) filed on June 4, 2019. Signed by Judge Miranda M. Du on 6/6/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
67
ORDER granting ECF No. 66 Motion for Extension of Time (Third Request) to respond/answer ECF No. 14 Amended Petition for Writ of Habeas Corpus. Response/answer due 5/28/2019. Signed by Judge Miranda M. Du on 3/1/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
64
ORDER granting ECF No. 63 Unopposed Motion for Extension of Time (Second Request) to respond to ECF No. 14 First Amended Petition for Writ of Habeas Corpus. Respondents' answer/response due 2/25/2019. Signed by Judge Miranda M. Du on 12/12/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
62
ORDER granting ECF No. 61 unopposed motion for extension of time (first request) to file answer to ECF No. 14 First Amended Petition for Writ of Habeas Corpus Respondents' answer due 12/10/2018. Signed by Judge Miranda M. Du on 10/2/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
59
ORDER that Respondents answer or otherwise respond to the Amended Petition for Writ of Habeas Corpus ECF No. 14 by 9/24/2018; Petitioner will have (45) days from the date the answer is served to file a reply; if Respondent file and serve a motion, Petitioner will have (14) days to file a response; Respondents will then have (7) to file a reply. Signed by Judge Miranda M. Du on 8/10/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
50
ORDERED that respondents' motion to dismiss (ECF No. 30 ) is granted in part : This action is dismissed with prejudice as untimely. The Clerk of the Court will enter judgment accordingly and close this action. It is further ordered that a certificate of appealability is granted on whether the Court is correct in its determination that this action is untimely. Signed by Judge Miranda M. Du on 1/17/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
43
ORDER granting ECF No. 42 Unopposed Motion for Extension of Time to file a response to Respondents' Motion to Dismiss (second request). Response due by 11/4/2016. Signed by Judge Miranda M. Du on 10/07/2016. (Copies have been distributed pursuant to the NEF - KW)
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Filing
41
ORDER granting ECF No. 39 Motion for waiver; and, granting ECF No. 40 Unopposed Motion to extend time : Response to ECF No. 30 Motion to dismiss due by 10/6/2016. Signed by Judge Miranda M. Du on 8/18/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
29
ORDER granting nunc pro tunc ECF No. 13 Motion for Extension of Time to File Amended Petition; granting ECF No. 28 Motion to File Excess Pages; giving Respondents 45 days to respond to ECF No. 14 First Amended Petition. Petitioner to reply within 45 days thereafter. Signed by Judge Miranda M. Du on 6/6/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing
12
ORDER granting 11 Unopposed Motion for Extension of Time. Amended Petition due by 5/13/2016. Signed by Judge Miranda M. Du on 3/7/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing
10
ORDER granting 9 Unopposed Motion for extension of time : Amended Petition due by 3/14/2016. Signed by Judge Miranda M. Du on 1/20/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
7
ORDER 6 Notice of Conflict : Attorney Angela H. Dows appointed as counsel for Alex Marquez. FPD Rene Valladares terminated. Amended Petition due by 1/12/2016. Signed by Judge Miranda M. Du on 11/12/2015. (Copies have been distributed pursuant to the NEF - DRM) Modified on 11/13/2015 to reflect courtesy copy mailed to P at ESP (DRM).
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Filing
3
ORDER - # 1 IFP Application is granted. Clerk will file the petition and the motion for counsel. Motion for counsel is granted. FPD is provisionally appointed to represent petitioner. FPD shall undertake representation within 30 days or file notice re inability to do so. Amended petition due 60 days thereafter. Clerk shall add Adam Laxalt, AG, as counsel for Rs. AG must enter notice of appearance by 11/29/2015. Exhibits shall be filed as specified herein, and hard copy to staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 11/9/2015. (Copy mailed to P at ESP.)(Copies have been distributed pursuant to the NEF - DRM)
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