Follett v. LeGrand et al
Plaintiff: Loren Raymond Follett
Respondent: Robert LeGrand, Lovelock Correctional Center and Nevada Attorney General
Unknown: Adam P. Laxalt
Case Number: 3:2016cv00370
Filed: June 23, 2016
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: William G. Cobb
Presiding Judge: Howard D. McKibben
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 24, 2018 Opinion or Order Filing 36 ORDER that the petitioner's Motion for Leave to Withdraw Attorney of Record and for Substitution of Attorney ECF No. 34 is GRANTED IN PARTAND DENIED IN PART; Clerk directed to update the docket to reflect petitioner is now pro se updating his address of record as LCC and send a copy of order to petitioner (mailed on 9/24/2018); the petitioner's application to proceed in forma pauperis ECF No. 33 and motion for stay ECF No. 35 are DENIED. Signed by Judge Howard D. McKibben on 9/24/2018. (Copies have been distributed pursuant to the NEF - KW)
August 17, 2018 Opinion or Order Filing 29 ORDER denying ECF Nos. 27 Motion for Reconsideration and 28 Motion to Stay Case; a certificate of appealability is denied; Clerk directed to send copy of order to petitioner at LCC (mailed to p on 08/17/2018) Signed by Judge Howard D. McKibben on 8/17/2018. (Copies have been distributed pursuant to the NEF - KW)
July 12, 2018 Opinion or Order Filing 25 ORDER that the Clerk substitute Renee Baker, for Robert LeGrand, on the docket for this case, as the respondent warden; Petition for Writ of Habeas Corpus ECF No. 1 is denied; a certificate of appealability is denied; Clerk directed to enter judgment. Signed by Judge Howard D. McKibben on 7/12/2018. (Copies have been distributed pursuant to the NEF - KW)
June 13, 2017 Opinion or Order Filing 22 ORDER granting ECF No. 21 Motion to Extend Time re ECF No. 1 Petition: Respondents' answers due by 7/11/2017. Signed by Judge Howard D. McKibben on 6/13/2017. (Copies have been distributed pursuant to the NEF - KR)
March 27, 2017 Opinion or Order Filing 19 ORDER denying ECF No. 17 Motion to Stay; Petitioner to file a notice of abandonment of claim, stating that he wishes to abandon Ground 2 by 4/26/2017; If Petitioner does not file a notice of abandonment of Ground 2, this action wi ll be dismissed, without prejudice; if Petitioner files a notice of abandonment of Ground 2, respondents shall, thereafter, have 60 days to file an answer, responding to petitioners remaining claims; in all other respects, beyond the filing of Respondents' answer, the schedule for further proceedings shall be as set forth in the order entered on July 6, 2016 ECF No. 2 . Signed by Judge Howard D. McKibben on 03/27/2017. (Copies have been distributed pursuant to the NEF - KW)
November 21, 2016 Opinion or Order Filing 16 ORDER - Respondents' motion to dismiss (ECF No. 4 ) is GRANTED IN PART AND DENIED IN PART. The court finds Ground 2 of the habeas petition (ECF No. 1 ) to be unexhausted in state court; the court will grant petitioner an opportunity to make an election with respect to that claim. In all other respects, respondents' motion to dismiss is denied. IT IS FURTHER ORDERED that, with respect to Ground 2, which is unexhausted in state court, petitioner must by 1/5/2017 make an electio n to do one of the following: (1) file a notice stating that he wishes to abandon Ground 2 and proceed with this action with regard to his remaining claims, or (2) file a motion for a stay pending exhaustion. Signed by Judge Howard D. McKibben on 11/21/2016. (Copies have been distributed pursuant to the NEF - DRM)
September 16, 2016 Opinion or Order Filing 13 ORDERED that the stipulation (ECF No. 12) is REJECTED, as it is unnecessary. Petitioner's response to respondents' motion to dismiss (ECF No. 4 ) is due November 2, 2016. IT IS FURTHER ORDERED that respondents' motion for waiver of compliance with certain local rules (ECF No. 5) is GRANTED as described above. Signed by Judge Howard D. McKibben on 9/16/2016. (Copies have been distributed pursuant to the NEF - DRM)
July 6, 2016 Opinion or Order Filing 2 ORDER - Clerk shall add AG as counsel for respondents. Clerk shall e-serve respondents a copy of the ECF No. 1 Petition, and a copy of this order. ( E-service 7/6/2016; Petition via NEF regeneration.) Respondents shall have 60 days from the dat e on which the petition is served to appear in this action, and to file an answer/response to petition. Reply due 45 days after service of answer; Response to reply due 30 days thereafter. (See pdf order for additional briefing deadlines.) Signed by Judge Howard D. McKibben on 7/6/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Plaintiff: Loren Raymond Follett
Represented By: Kenneth J. McKenna
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Respondent: Robert LeGrand
Represented By: Daniel M. Roche
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Respondent: Lovelock Correctional Center
Represented By: Daniel M. Roche
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Respondent: Nevada Attorney General
Represented By: Daniel M. Roche
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Unknown: Adam P. Laxalt
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