Rosales v. Byrne et al
Petitioner: Gary Craig Rosales
Respondent: Q. Byrne and Nevada Attorney General
Case Number: 3:2016cv00003
Filed: January 4, 2016
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: William G. Cobb
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 27, 2022 Opinion or Order Filing 86 ORDERED that the second amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 [ECF No. 54 ] is denied. A certificate of appealability is denied. Clerk of Court is directed to substitute Gabriela Najera for Respondent Dwight Neven, enter judgment accordingly, and close this case. Signed by Judge Robert C. Jones on 12/27/2022. (Copies have been distributed pursuant to the NEF - DRM)
August 1, 2022 Opinion or Order Filing 81 ORDER GRANTING ECF No. 80 Motion to Extend Time : Petitioner will have up to and including September 27, 2022, to file and serve his reply on the merits to ECF No. 79 Answer. Signed by Judge Robert C. Jones on 8/1/2022. (Copies have been distributed pursuant to the NEF - DRM)
May 11, 2022 Opinion or Order Filing 78 ORDERED that respondents' unopposed motion for enlargement of time (first request) (ECF No. 77 ) is GRANTED. Respondents will have up to and including July 1, 2022, to file and serve their answer. Signed by Judge Robert C. Jones on 5/11/2022. (Copies have been distributed pursuant to the NEF - DRM)
March 2, 2022 Opinion or Order Filing 76 ORDERED that respondents' motion to dismiss (ECF No. 60 ) is GRANTED in part. Grounds 1, 2, 3, and 4 are DISMISSED from this action because they are procedurally defaulted. In all other respects, respondents motion to dismiss ( ECF No. 60 ) is DENIED in part. Petitioner's motion for leave to conduct discovery (ECF No. 64 ) is DENIED. Petitioner's unopposed motion for extension of time (ECF No. 72 ) is GRANTED. Respondents will have 60 days from the date of entry of this order (5/1/2022) to file and serve an answer. Petitioner will have 30 days from the date on which the answer is served to file a reply. Signed by Judge Robert C. Jones on 3/2/2022. (Copies have been distributed pursuant to the NEF - DRM)
July 26, 2021 Opinion or Order Filing 69 ORDER granting ECF No. 66 Motion to Extend Time : Reply to ECF No. 63 Response re ECF No. 60 Motion to Dismiss due by 8/20/2021. Signed by Judge Robert C. Jones on 7/26/2021. (Copies have been distributed pursuant to the NEF - DRM)
July 14, 2021 Opinion or Order Filing 68 ORDER GRANTING ECF No. 67 Motion to Extend Time : Response to ECF No. 64 Motion to conduct discovery due by 8/20/2021. Signed by Judge Robert C. Jones on 7/14/2021. (Copies have been distributed pursuant to the NEF - DRM)
June 17, 2021 Opinion or Order Filing 62 ORDER GRANTING ECF No. 61 Motion to Extend Time : Response to ECF No. 60 Motion to Dismiss due by 6/29/2021. Signed by Judge Robert C. Jones on 6/17/2021. (Copies have been distributed pursuant to the NEF - DRM)
April 6, 2021 Opinion or Order Filing 59 ORDER granting ECF No. 58 Unopposed MOTION to Extend Time (Second Request). Respondents will have up to and including June 1, 2021, to file a response to the second amended petition (ECF No. 54 ). Signed by Judge Robert C. Jones on 4/6/2021. (Copies have been distributed pursuant to the NEF - SC)
February 3, 2021 Opinion or Order Filing 57 ORDER granting ECF No. 56 Motion to Extend Time : Answer/response to ECF No. 54 Second Amended Petition due by 4/1/2021. Signed by Judge Robert C. Jones on 2/3/2021. (Copies have been distributed pursuant to the NEF - DRM)
December 1, 2020 Opinion or Order Filing 53 ORDERED that petitioner's motion to reopen (ECF No. 50 ) is GRANTED. Clerk IS directed to reopen this action and to lift the stay. Petitioner's motion for leave to file second amended petition for a writ of habeas corpus (ECF N o. 52 ) is GRANTED. Petitioner is directed to file and serve the second amended petition within 7 days of the date of entry of this order (12/9/2020). Response to the second amended petition due within 60 days of service; any reply due 30 days thereafter. Notwithstanding Local Rule LR IC 2-2(g), paper copies of any electronically filed exhibits need not be provided to chambers or to the staff attorney, unless later directed by the court. (Copies have been distributed pursuant to the NEF - DRM)
March 11, 2019 Opinion or Order Filing 47 ORDER granting Petitioner's ECF No. 38 Motion for a Stay, staying this action pending completion of the currently pending state court proceedings; granting Petitioner's ECF No. 45 Unopposed Motion for Leave to File a Suppl emental Exhibit in support of the Motion for a Stay; directing Clerk to administratively close this action until the Court grants a motion to reopen the matter. Signed by Judge Robert C. Jones on 3/11/2019. (Copies have been distributed pursuant to the NEF - KR)
May 17, 2018 Opinion or Order Filing 43 ORDER granting ECF No. 42 Motion to Extend Time : Reply to ECF No. 41 Response re ECF No. 38 Motion to Stay Case due by 5/31/2018. Signed by Judge Robert C. Jones on 5/17/2018. (Copies have been distributed pursuant to the NEF - DRM)
March 27, 2018 Opinion or Order Filing 37 ORDER granting in part ECF No. 25 Motion to Dismiss - Grounds 1, 2, 3, and 4 of ECF No. 15 Amended Petition are not exhausted; giving Petitioner 30 days to file motion for appropriate relief (see order for details). Signed by Judge Robert C. Jones on 3/27/2018. (Copies have been distributed pursuant to the NEF - KR)
November 20, 2017 Opinion or Order Filing 34 ORDER granting ECF No. 31 Motion for Leave to File. Petitioner's response due by 12/4/2017. Signed by Judge Robert C. Jones on 11/20/2017. (Copies have been distributed pursuant to the NEF - LH)
April 10, 2017 Opinion or Order Filing 24 ORDER granting Petitioner's ECF No. 21 Motion to File Exhibits Under Seal; granting Petitioner's ECF No. 23 Motion to Partially Waive LR IA 10-3(e). Signed by Judge Robert C. Jones on 4/10/2017. (Copies have been distributed pursuant to the NEF - KR)
May 6, 2016 Opinion or Order Filing 5 ORDER granting ECF No. 1 IFP application; directing Clerk to file petition and motion to appoint counsel; granting motion to appoint counsel and provisionally appointing the FPD to represent Petitioner; giving FPD 30 days to undertake direct representation or indicate an inability to do so - if representation is undertaken, amended petition due within 60 days; directing Clerk to add NV AG as counsel for respondents and to e-serve both the NV AG and FPD copies of the petition and this order (NEFs sent 5/6/2016); giving Respondents' counsel 20 days to enter a notice of appearance - no further response required until further court order. Any exhibits shall be filed with separate index. Hard copies of any exhibits shall be forwarded, for this case, to staff attorneys in Las Vegas. Signed by Judge Robert C. Jones on 5/6/2016. (Copies have been distributed pursuant to the NEF - KR)
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Respondent: Q. Byrne
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Respondent: Nevada Attorney General
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Petitioner: Gary Craig Rosales
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