January 22, 2025 |
Filing
91
ORDERED that Petitioner's Third Amended Petition (ECF No. 43 ) is denied. All requests for an evidentiary hearing are denied. A certificate of appealability is granted for Grounds 5(3), 5(7), 5(9), and 6(C)(3) of the Third Amended Petition and a certificate of appealability is denied for all other grounds. Clerk is directed to substitute Jeremy Bean for respondent Renee Baker. Clerk is further directed to enter judgment accordingly and close this case. Signed by Judge Miranda M. Du on 1/22/2025. (Copies have been distributed pursuant to the NEF - DRM)
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November 27, 2024 |
Filing
88
ORDER - It is therefore ordered that Respondents' Motion for Enlargement of Time (Second Request) ECF No. 87 is granted. Respondents have up to and including December 10, 2024, to comply with this Court's Order dated October 9, 2024. Signed by Judge Miranda M. Du on 11/27/2024. (Copies have been distributed pursuant to the NEF - GA)
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November 7, 2024 |
Filing
85
ORDER - It is therefore ordered that Respondents' Motion for Leave to File Documents Under Seal ECF No. 83 is granted. It is further ordered that Exhibit No. 261 ECF No. 84 -1 remain under seal. It is further ordered that Respon dents' Unopposed Motion for Enlargement of Time(First Request) ECF No. 81 is granted. Respondents have up to and including November 26, 2024, to comply with this Court's order dated October 9, 2024. Signed by Judge Miranda M. Du on 11/7/2024. (Copies have been distributed pursuant to the NEF - GA)
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October 9, 2024 |
Filing
78
ORDER - Respondents have until November 5, 2024, to file, as supplemental exhibits: (1) the presentence investigative report submitted in the state court proceedings, and (2) a jury question, which was included in the trial record as an exhibit during jury deliberations and before return of the verdict. Petitioner will have 15 days after Respondents file the supplemental exhibits to admit or deny the correctness of the supplemental exhibits. Petitioner must file no lat er than November 5, 2024, redacted publicly-available copies of the documents previously filed as ECF Nos. 17 -33; 18 -5; 18 -7; 19 ; 20 -2; 20 -16; 22 ; 22 -1; 23 -1; 24 ; 24 -2; 25 ; and 38 -1. The Clerk of Court is further d irected to seal the documents filed as ECF Nos. 17 - 33; 18 -5; 18 -7; 19 ; 20 -2; 20 -16; 22 ; 22 -1; 23 -1; 24 ; 24 -2; 25 ; and 38 -1. Signed by Judge Miranda M Du on 10/9/2024. (Copies have been distributed pursuant to the NEF - DRM)
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September 5, 2023 |
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)
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April 18, 2023 |
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)
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October 19, 2022 |
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)
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September 13, 2022 |
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)
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December 9, 2021 |
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)
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August 28, 2018 |
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)
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October 25, 2017 |
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)
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April 5, 2017 |
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)
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August 25, 2016 |
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)
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July 22, 2016 |
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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