Eubanks v. Baker et al
Petitioner: Charles Eubanks
Respondent: Renee Baker and Nevada Attorney General
Case Number: 3:2016cv00336
Filed: June 16, 2016
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: William G. Cobb
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
September 5, 2023 Opinion or Order Filing 76 ORDER - It is therefore ordered that Petitioner's motion to extend time (ECF No. 75 ) is granted. Petitioner's reply to the Respondents' answer (ECF No. 72 ) is due September 15, 2023. It is further ordered that Petitioner's prior motion for extension of time (ECF No. 74 ) is granted nunc pro tunc as of August 1, 2023. Signed by Chief Judge Miranda M. Du on 9/5/2023. (Copies have been distributed pursuant to the NEF - DLS)
April 18, 2023 Opinion or Order Filing 71 ORDER - It is therefore ordered that Respondents' motion to extend time to file their answer (ECF No. 70 ) is granted. The answer is due June 2, 2023 (6/2/2023). No further extensions will be granted absent a showing of extraordi nary circumstances. It is further ordered that Respondents' prior motions for extension of time (ECF Nos. 68 , 69 ) are denied as moot. Signed by Chief Judge Miranda M. Du on 4/18/2023. (Copies have been distributed pursuant to the NEF - CJS)
October 19, 2022 Opinion or Order Filing 67 ORDERED that Respondents' motion to dismiss (ECF No. 58 ) is granted, in part, and denied, in part. Ground 3 of Eubanks' third amended petition (ECF No. 43 ) is dismissed. Respondents have 60 days from the date of entry of this order (12/19/2022) to file an answer to the remaining grounds for relief in the petition. Eubanks will have 60 days from the date on which the answer is served on him to file and serve a reply. Signed by Chief Judge Miranda M. Du on 10/19/2022. (Copies have been distributed pursuant to the NEF - DRM)
September 13, 2022 Opinion or Order Filing 64 ORDER - It is therefore ordered that the motions (ECF Nos. 57 , 60 , 63 ) are 0granted. It is further ordered that Respondents reply in support of their motion to dismiss (ECF No. 58 ) is due on or before October 21, 2022. Signed by Chief Judge Miranda M. Du on 9/13/2022. (Copies have been distributed pursuant to the NEF - CJS)
December 9, 2021 Opinion or Order Filing 55 ORDER - It is ordered that Eubanks' motion to reopen (ECF No. 53 ) is granted. The stay of this action is lifted. The Clerk of Court is directed to open this case on the docket. It is further ordered that the following schedu le will govern the further litigation of this case: Respondents will have 60 days from the date of this order (2/7/2022) to file and serve an answer or other response to Eubanks' third amended petition for writ of habeas corpus. (ECF No. 43 .) Eubanks will have 45 days following service of an answer by Respondents. Signed by Chief Judge Miranda M. Du on 12/9/2021. (Copies have been distributed pursuant to the NEF - SMR)
August 28, 2018 Opinion or Order Filing 51 ORDER that Petitioner's motion for stay and abeyance (ECF No. 48 ) is granted; this action is stayed pending exhaustion of Petitioner's unexhausted claims; the grant of a stay is conditioned upon Petitioner returning to this Court with a motion to reopen within 45 days of issuance of the remittitur by the Supreme Court of Nevada at the conclusion of the state court proceedings; Respondents' motion to dismiss (ECF No. 45 ) is denied without prejudice; all pending m otions for extension of time (ECF Nos. 44 , 46 , and 49 ) are granted nunc pro tunc as of their respective filing dates; Clerk directed to administratively close this action, until such time as the Court grants a motion to reopen the matter. Signed by Judge Miranda M. Du on 8/28/2018. (Copies have been distributed pursuant to the NEF - LH)
October 25, 2017 Opinion or Order Filing 42 ORDER granting ECF No. 37 Motion for Leave to amend; Clerk directed to file the third amended petition for writ of habeas corpus attached to ECF No. 37 -1; ECF No. 39 Respondents' motion for extension of time ECF No. 39 is denied as moot; respondents answer/response to the petition due 12/24/2017. Signed by Judge Miranda M. Du on 10/25/2017. (Copies have been distributed pursuant to the NEF - KW)
April 5, 2017 Opinion or Order Filing 30 ORDERED that petitioner's motion for leave to amend (ECF No. 29 ) is granted. Amended petition for writ of habeas corpus due by June 5, 2017. Answer/response to petition due 60 days after filing of amended petition. Reply due 45 days afte r service of answer; Response to Reply due 30 days thereafter. If respondents file a motion to dismiss, petitioner will have 30 days following service of the motion to file and serve an opposition to the motion. Respondents will thereafter have 30 days following service of the opposition to the motion to file and serve a reply. Petitioner's motion to partially waive Local Rule IA 10-3(E) (ECF No. 28 ) is granted. Signed by Judge Miranda M. Du on 4/5/2017. (Copies have been distributed pursuant to the NEF - DRM)
August 25, 2016 Opinion or Order Filing 12 ORDER directing counsel for Petitioner to contact Petitioner as soon as reasonably possible. Amended petition due within 60 days, answer due within 60 days thereafter, and reply due within 45 days after answer. ECF No. 10 Motion for Extension of Time is granted nunc pro tunc as of 8/11/2016. Signed by Judge Miranda M. Du on 8/25/2016. (Copies have been distributed pursuant to the NEF - KR)
July 22, 2016 Opinion or Order Filing 5 ORDER Clerk shall file petition and motions attached to ECF No. 1 IFP application. Clerk shall add AG as counsel for respondents and electronically serve copy of petition and this order on respondents (served via NEF). Respondents shall hav e 20 days to appear. Motion for appointment of counsel is granted. FPD appointed. Clerk to electronically serve upon FPD copy of petition and this order (served via NEF). FPD will have 20 days to file notice of appearance or indicate inability to do so. Motion for leave to file excess pages is granted. Signed by Judge Miranda M. Du on 7/22/16. (Copies have been distributed pursuant to the NEF - JC)
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Respondent: Renee Baker
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Respondent: Nevada Attorney General
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Petitioner: Charles Eubanks
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