Elmajzoub v. Byrne et al
Petitioner: Said Elmajzoub
Respondent: Quentin Byrne and Nevada Attorney General
Case Number: 3:2015cv00624
Filed: December 28, 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
December 21, 2020 Opinion or Order Filing 38 ORDER - Petitioner's Unopposed Motion for Stay of Proceedings (ECF No. 37 ) is granted. This action is STAYED pending exhaustion of the unexhausted claims. Petitioner shall return to this court with a motion to reopen within 4 5 days of issuance of the remittitur by the Nevada Supreme Court at the conclusion of the state court proceedings. Further, petitioner or respondents otherwise may move to reopen the action and seek any relief appropriate under the circumstances. Clerk shall administratively close this action until such time as the Court grants a Motion to Reopen the action. Signed by Judge Robert C. Jones on 12/21/2020. (Copies have been distributed pursuant to the NEF - AB)
September 22, 2020 Opinion or Order Filing 36 ORDER GRANTING ECF No. 35 Motion to Extend Time : First Amended Petition due by 11/16/2020. Signed by Judge Robert C. Jones on 9/22/2020. (Copies have been distributed pursuant to the NEF - DRM)
June 15, 2020 Opinion or Order Filing 34 ORDER that petitioner's second, unopposed motion for extension of time (ECF No. 33 ) is GRANTED. Petitioner will have up to and including August 18, 2020, to file a first amended petition for a writ of habeas corpus. Signed by Judge Robert C. Jones on 6/15/2020. (Copies have been distributed pursuant to the NEF - LW)
April 17, 2020 Opinion or Order Filing 32 ORDER - Petitioner's Motion for Extension of Time (ECF No. 31 ) is GRANTED. Petitioner will have up to and including June 19, 2020, to file a First Amended Petition. Signed by Judge Robert C. Jones on 4/17/2020. (Copies have been distributed pursuant to the NEF - AB)
February 25, 2020 Opinion or Order Filing 29 ORDER - Petitioner's unopposed Motion to Reopen (ECF No. 28 ) is GRANTED. Clerk shall reopen this action and lift the stay. Petitioner will have up to and including April 20, 2020 to file an amended petition.Respondents shall f ile a response to the amended petition, including potentially by motion to dismiss, within sixty (60) days of service of an amended petition.Paper copies of any electronically filed exhibits need not be provided to chambers or to the staff attorney, unless later directed by the court.The earlier unopposed motion to reopen (ECF No. 26 ) is DENIED as moot.(See PDF image for additional details). Signed by Judge Robert C. Jones on 2/25/2020. (Copies have been distributed pursuant to the NEF - AB)
August 22, 2017 Opinion or Order Filing 23 ORDER that Mark D. Eibert, P.O. Box 1126, Half Moon Bay, CA, 94019, is appointed as counsel for Petitioner for all further proceedings; that this action is STAYED pending conclusion of the state-court post-conviction proceedings; Petition shall return to this court with a motion to reopen within 45 days of issuance of the remittitur by the NV Supreme Court; petitioner or respondents otherwise may move to reopen the action and seek any relief appropriate under the circumstances; Clerk directed to administratively close this action until such time as the court grants a motion to reopen the action. Signed by Judge Robert C. Jones on 08/22/2017. (Copies have been distributed pursuant to the NEF - KW)
July 27, 2017 Opinion or Order Filing 22 ORDER GRANTING ECF No. 19 Motion to Lift Stay; Clerk directed to reopen this action; GRANTING ECF Nos. 20 / 21 Motion to Withdraw as Attorney (C. B. Kirschner and Thomas Kenneth Lee withdrawn from the case); representation of pe titioner by FPD is TERMINATED; Clerk directed to forward copy of order to CJA Coordinator (sent via e-mail 07/27/2017); Clerk directed to send copy of order to petitioner at HDSP, P.O. Box 650, Indian Springs, NV, 89070 (mailed 07/27/2017). Signed by Judge Robert C. Jones on 07/27/2017. (Copies have been distributed pursuant to the NEF - KW)
August 24, 2016 Opinion or Order Filing 18 ORDER granting ECF No. 16 Motion to Stay and ECF No. 17 Motion to Extend Time to File Amended Petition. Petitioner will have 60 days from the date that the court grants a motion to reopen to file an amended Petition for a writ of habeas corpus. Signed by Judge Robert C. Jones on 08/23/2016. (Copies have been distributed pursuant to the NEF - KW)
May 6, 2016 Opinion or Order Filing 8 ORDER Clerk shall file petition, motion for leave to file, and motion for appointment of counsel. Motion for leave to file granted. Motion for enlargement of time ECF No. 5 is denied as moot. Motion for appointment of counsel is granted. FPD provisionally appointed to represent petitioner. FPD shall have 30 days to undertake representation or indicate inability to do so. If FPD does undertake representation, amended petition due within 60 days. Clerk shall ad d AG as counsel for respondents and shall electronically serve both AG and FPD copy of petition and this order (served via NEF). Respondents' counsel shall enter notice of appearance within 20 days. Hard copy of any state court record exhibits shall be forwarded to staff attorneys in Las Vegas. Signed by Judge Robert C. Jones on 5/6/16. (Copies have been distributed pursuant to the NEF - JC)
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Respondent: Quentin Byrne
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Respondent: Nevada Attorney General
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Petitioner: Said Elmajzoub
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