Keller v. Baca
Petitioner: Bret Henry Keller
Respondent: Isidro Baca
Case Number: 3:2015cv00563
Filed: November 19, 2015
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Valerie P. Cooke
Presiding Judge: Miranda M. Du
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
January 22, 2020 Opinion or Order Filing 75 ORDER - As Petitioner has failed to comply with the Local Rules, it is therefore ordered that this action is DISMISSED without prejudice. Clerk is instructed to enter final judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 1/22/2020. (Copies have been distributed pursuant to the NEF - AB)
December 18, 2019 Opinion or Order Filing 73 ORDER that Petitioner must update his address by filing a notice of change of address within 30 days of the date of this order; Petitioner's failure to timely comply with this order will result in the dismissal of his petition without prejudice and without further advance notice. Signed by Chief Judge Miranda M. Du on 12/18/2019. (Copies have been distributed pursuant to the NEF - LH)
March 19, 2019 Opinion or Order Filing 68 ORDER granting ECF No. 67 Respondents' fourth motion for enlargement of time. Respondent's answer to remaining claims due by 3/22/2019. Signed by Judge Miranda M. Du on 3/19/2019. (Copies have been distributed pursuant to the NEF - LH)
February 27, 2019 Opinion or Order Filing 66 ORDER granting ECF No. 65 Motion to Extend Time : Respondents will have until March 19, 2019, to file an answer to the remaining claims of the Petition in this case. Signed by Judge Miranda M. Du on 2/27/2019. (Copies have been distributed pursuant to the NEF - DRM)
January 24, 2019 Opinion or Order Filing 64 ORDER granting ECF No. 63 second motion for enlargement of time. Respondent answer to remaining claims due 2/26/2019. Signed by Judge Miranda M. Du on 1/24/2019. (Copies have been distributed pursuant to the NEF - KW)
December 7, 2018 Opinion or Order Filing 62 ORDER that Respondents' motion for enlargement of time (ECF No. 61 ) is granted. Respondents will have until January 22, 2019, to file an answer to the remaining claims of the Petition in this case. Signed by Judge Miranda M. Du on 12/7/2018. (Copies have been distributed pursuant to the NEF - LH)
October 23, 2018 Opinion or Order Filing 60 ORDER that Ground 1 is dismissed in its entirety and Ground 2 is dismissed the extent it asserts that attorney Edwards was ineffective for failing to object to Petitioner's sentence as constitutionally disproportionate and for failingto argue o n appeal that the plea was involuntary. Respondent's answer to remaining claims due 12/7/2016; Petitioner will have 45 days from service of the answer to file a reply. Signed by Judge Miranda M. Du on 10/23/2018. (Copies have been distributed pursuant to the NEF - KW)
September 21, 2018 Opinion or Order Filing 58 ORDER granting ECF No. 57 Motion for Enlargement of Time. Petitioner to have until 10/12/2018 to make an election with respect to his mixed petition. Signed by Judge Miranda M. Du on 9/21/2018. (Copies have been distributed pursuant to the NEF - KW)
August 23, 2018 Opinion or Order Filing 55 ORDERED that Petitioner by 9/13/2018, will file a notice with the Court electing to either dismiss his unexhausted claims or to dismiss the entire petition without prejudice so that he may return to state court to exhaust his unexhausted claims. Failure to do so will result in the dismissal of this action without prejudice. Signed by Judge Miranda M. Du on 8/23/2018. (Copies have been distributed pursuant to the NEF - LH)
July 10, 2018 Opinion or Order Filing 51 ORDER denying Petitioner a certificate of appealability. Signed by Judge Miranda M. Du on 7/10/2018. (Copies have been distributed pursuant to the NEF - KW)
June 12, 2018 Opinion or Order Filing 48 ORDER - Petitioner's motion to stay and abey (ECF No. 44 ) is hereby denied. It is further ordered that, within 30 days of the date of entry of this Order, Petitioner will file a motion either (1) dismissing the unexhausted claims or (2) dismissing the entire petition without prejudice so that he may return to state court. Failure to timely comply with this Order will result in the dismissal without prejudice of this mixed petition. Signed by Judge Miranda M. Du on 6/12/2018. (Copies have been distributed pursuant to the NEF - DRM)
May 10, 2018 Opinion or Order Filing 43 ORDER that petitioner file a response to ECF No. 41 Order by 5/25/2018, including by motion to stay and abey; failure to respond to the Court's Order may result in dismissal of his habeas petition without prejudice. Signed by Judge Miranda M. Du on 5/10/2018. (Copies have been distributed pursuant to the NEF - KW)
February 13, 2018 Opinion or Order Filing 41 ORDER - Respondents' motion to dismiss the petition (ECF No. 14 ) is granted in part and denied in part as specified herein. (See pdf Order for specifics.) Petitioner will have until 3/15/2018 within which to mail to the Clerk for filing a motion to dismiss re exhaustion, or for stay and abeyance. Petitioner's motion for appointment of counsel (ECF No. 38 ) is denied. Petitioner's motion for an extension of time (ECF No. 37 ) is denied. Signed by Judge Miranda M. Du on 2/13/2018. (Copies have been distributed pursuant to the NEF - DRM)
December 18, 2017 Opinion or Order Filing 36 ORDER granting nunc pro tunc ECF No. 34 Motion to Extend Time to file reply to ECF No. 14 Motion to Dismiss. Respondent's reply due by 12/18/2017. Signed by Judge Miranda M. Du on 12/18/2017. (Copies have been distributed pursuant to the NEF - LH)
October 11, 2016 Opinion or Order Filing 12 ORDER granting ECF No. 11 Motion to Extend Time to file response to ECF No. 7 Petition for Writ of Habeas Corpus. Isidro Baca answer due 11/21/2016. Signed by Judge Miranda M. Du on 10/11/2016. (Copies have been distributed pursuant to the NEF - KW)
July 19, 2016 Opinion or Order Filing 6 ORDER - Petitioner's motion for the appointment of counsel (ECF No. 5 ) is denied. It is further ordered that the Clerk file and electronically serve the petition (ECF No. 1 -1) upon the respondents. The Clerk of Court will add AG to the CM /ECF docket sheet as counsel for respondents. Answer/response to petition due by 9/2/2016. Any state court exhibits shall be filed with separate index as specified herein; and hard copy forwarded to Reno staff attorneys. Henceforth P shall serve AG a copy of every pleading submitted for consideration, together with a certificate of service. Signed by Judge Miranda M. Du on 7/19/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Respondent: Isidro Baca
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Petitioner: Bret Henry Keller
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