Rosky v. Byrne et al
Petitioner: John H. Rosky
Respondent: Quentin Byrne and Nevada Attorney General
Case Number: 3:2016cv00156
Filed: March 18, 2016
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
March 19, 2018 Opinion or Order Filing 55 ORDER that this case is dismissed with prejudice as untimely; a certificate of appealability is denied; Clerk directed to enter judgment in favor of respondents and against petitioner. Signed by Judge Miranda M. Du on 3/19/2018. (Copies have been distributed pursuant to the NEF - LH)
February 21, 2018 Opinion or Order Filing 50 ORDER granting in part ECF No. 47 Motion : Respondents shall file by 3/8/2018 as a manual exhibit a copy of the audio cassette recordings marked as Exhibits 24 and 25 during petitioner's state postconviction evidentiary hearing. Signed by Judge Miranda M. Du on 2/21/2018. (Copies have been distributed pursuant to the NEF - DRM)
February 1, 2018 Opinion or Order Filing 46 ORDER denying Petitioner's ECF No. 45 Motion for Reconsideration. Signed by Judge Miranda M. Du on 2/1/2018. (Copies have been distributed pursuant to the NEF - KR)
January 19, 2018 Opinion or Order Filing 42 ORDER - Petitioner's motion for reconsideration (ECF N. 41 ) is granted. That part of the Court's order (ECF No. 40 ) appointing petitioner counsel is hereby vacated. The provisional appointment of FPD to represent peti tioner is withdrawn. Clerk shall send a copy of this order to the FPD. (Email (NEF) to FPD on 1/19/2018.) That part of the Court's order (ECF No. 40 ) denying without prejudice the respondents' motion to dismiss (ECF No. 16 ) is vacated, and the motion will be shown as a pending motion. Petitioner must by 2/18/2018 provide the Court with evidence as to actual innocence as specified herein. Respondents' reply to petitioner's response due 15 days thereafter. Signed by Judge Miranda M. Du on 1/19/2018. (Copies have been distributed pursuant to the NEF - DRM)
January 10, 2018 Opinion or Order Filing 40 ORDER appointing counsel, provisionally appointing FPD to represent Petitioner; giving FPD 30 days to undertake direct representation or indicate its inability to do so; directing Clerk to send copy of this order to FPD and CJA Coordinator (NE Fs sent 1/10/2018); denying without prejudice ECF No. 16 Motion to Dismiss; denying ECF Nos. 32 Motion for Summary Judgment and 35 "Motion Noticing the Court that Petitioner Vehemently Objects Respondents' Intention to Violate his Due Process Rights." Signed by Judge Miranda M. Du on 1/10/2018. (Copies have been distributed pursuant to the NEF - KR)
September 16, 2016 Opinion or Order Filing 9 ORDER directing Clerk to e-serve NV AG a copy of ECF No. 2 Petition (NV AG added as counsel for Respondents, NEF sent 9/16/2016); directing Respondents to respond to petition within 45 days. Petitioner may reply within 45 days thereafter. Additio nal exhibits to be filed with separate index. Hard copies of any exhibits shall be forwarded, for this case, to staff attorneys in Reno. The ECF No. 5 Motion for Case Docket Sheet is granted. Clerk is directed to send Petitioner a copy of docket sheet (mailed 9/16/2016). The ECF Nos. 7 and 8 Motions for Summary Judgment and Judicial Action are denied. Signed by Judge Miranda M. Du on 9/16/2016. (Copies have been distributed pursuant to the NEF - KR)
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Respondent: Quentin Byrne
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Respondent: Nevada Attorney General
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Petitioner: John H. Rosky
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