Nicholson v. Baker et al
| Richard Nicholson |
| Renee Baker and Nevada Attorney General |
| 3:2016cv00486 |
| August 15, 2016 |
| US District Court for the District of Nevada |
| Reno Office |
| William G. Cobb |
| Miranda M. Du |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
93
ORDER - It is therefore ordered that Petitioner Richard Nicholson's third amended petition for writ of habeas corpus under 28 U.S.C. § 2254 (ECF No. 71 ) is denied. It is further ordered that a certificate of appealability is den ied. The Clerk of Court is directed to substitute the Nevada Board of Parole for Respondent Renee Baker, enter judgment accordingly, and close this case. Signed by Chief Judge Miranda M. Du on 3/9/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
89
ORDER - It is therefore ordered that Nicholson's motion to extend time (ECF No. 88 ) is granted. Nicholson will have until December 19, 2022, to file a reply in support of the Third Amended Petition (ECF No. 71 , Answer ECF No. 84 ). Signed by Chief Judge Miranda M. Du on 11/21/2022. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
87
ORDER - Nicholson's unopposed motion (ECF No. 86 ) is granted. Nicholson will have until and including November 18, 2022, to file a reply in support of the third amended petition (ECF No. 84 ). Signed by Chief Judge Miranda M. Du on 9/15/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
85
ORDER - It is therefore ordered that Respondents Motion to Strike Pro Se Motion to Dismiss Counsel (ECF No. 83 ) is granted in part and denied in part. As explained herein, Nicholson may file a motion to dismiss counsel that fully complies with LR IC 6-1(a)(1)(a)(3), (a)(5). The Clerk of Court is directed to strike the document filed as ECF No. 82 from the docket. Signed by Chief Judge Miranda M. Du on 8/18/2022. (Copies have been distributed pursuant to the NEF - CJD)
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Filing
81
ORDER - Respondents' unopposed first motion for enlargement of time (ECF No. 80 ) is granted. Respondents will have until and including August 22, 2022, to file their answer to ECF No. 71 Amended Petition. Signed by Chief Judge Miranda M. Du on 6/30/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
79
ORDERED that Respondents' Motion to Dismiss (ECF No. 72) is granted in part and denied in part as follows: 1. Ground I is dismissed as untimely. 2. Respondents' request to dismiss Grounds III and IV is denied without prejudi ce. A decision on whether Nicholson can demonstrate cause and prejudice under Martinez as to Grounds III and IV is deferred until the time of merits review. Respondents may reassert the procedural default arguments with respect to those claims in the ir answer. Nicholson's Motion for Evidentiary Hearing (ECF No. 75) is denied. Within 30 days of entry of this order (6/23/2022), Respondents must file an answer addressing all remaining claims in the third amended petition for writ of habeas corpus and also addressing whether Grounds III and IV are barred by procedural default under federal law. Nicholson will have 30 days from service of the answer within which to file a reply. Signed by Chief Judge Miranda M. Du on 5/23/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
70
ORDERED that the parties' joint stipulation to grant Nicholson leave to file a Third Amended Petition (ECF No. 69 ) is granted. Respondents' motion to dismiss (ECF No is. 64 ) denied as moot. Nicholson's motion to extend (ECF No. 68 ) is denied as moot. Within 15 days of the entry of this order (12/9/2021), Nicholson will file his Third Amended Petition. Answer/response due 60 days following service of Nicholson's Third Amended Petition Reply to answer due 45 days thereafter. All other deadlines and instructions set forth in the Court's scheduling order (ECF No. 60 ) will remain in effect. Signed by Chief Judge Miranda M. Du on 11/24/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
67
ORDER granting ECF No. 66 Unopposed Motion to Extend Time re ECF No. 64 Motion to Dismiss. Response due by 11/1/2021. Signed by Chief Judge Miranda M. Du on 10/15/2021. (Copies have been distributed pursuant to the NEF - KR)
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Filing
63
ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 62 ) is granted. Respondents have until August 27, 2021 to answer or otherwise respond to Nicholson's second amended petition (ECF No. 61 ). Signed by Chief Judge Miranda M. Du on 6/21/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
60
ORDER - Petitioner's Motion to Reopen Case (ECF No. 59 ) is granted. The stay is lifted by this Order and the Clerk will reopen the file in this action. Petitioner has until March 29, 2021, to file and serve a Second Amended Petit ion updating the procedural history and statement of exhaustion in the Amended Petition. Respondents will have 60 days to answer, or otherwise respond to, the Amended Petition in this case. Petitioner will have 60 days following service of the answer to file and serve a reply brief. Any procedural defenses Respondents raise to the Second Amended Petition must be raised together in a single consolidated motion to dismiss. In any answer filed on the merits, Respondents must specifica lly cite to and address the applicable state court written decision and state court record materials, if any, regarding each claim within the response as to that claim. Any additional state court record and related exhibits must be filed in accordanc e with LR IA 10-3, LR IC 2-2, and LSR 3-3, and include a separate index identifying each additional exhibit by number or letter. Notwithstanding LR IC 2-2(g), paper copies of any electronically filed exhibits - for this case - need not be provided to chambers or to the staff attorney, unless later directed by the Court. Signed by Chief Judge Miranda M. Du on 3/15/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
58
ORDER - The Motion to Stay (ECF No. 56 ) is granted. This action is stayed pending exhaustion of the unexhausted claim in the First Amended Petition (ECF No. 38 ). The grant of a stay is conditioned upon Nicholson litigating his state post-conviction petition or other appropriate proceeding in state court and returning to federal 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. Clerk shall administratively close this action, until such time as the Court grants a motion to reopen the matter. Signed by Chief Judge Miranda M. Du on 5/26/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
55
Respondents Motion to Dismiss (ECF No. 45 ) is granted in part and denied in part as specified herein.By May 6, 2020, Nicholson must either: A. File a motion to dismiss seeking partial dismissal of only the unexhausted claim(s); < BR>B. File a motion to dismiss the entire petition without prejudice in order to return to state court to exhaust the unexhausted claim(s); and/or C. File a motion for other appropriate relief, such as a motion for a stay and abeyance asking this Court to hold his exhausted claim(s) in abeyance while he returns to state court to exhaust the unexhausted claim(s). Signed by Chief Judge Miranda M. Du on 4/7/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
53
ORDER granting ECF No. 52 Motion To Extend Time re ECF No. 45 Motion to Dismiss. Reply due by 9/13/2019. Signed by Judge Miranda M. Du on 8/28/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
47
ORDER granting Petitioner's ECF No. 46 Motion to Extend Time re ECF No. 45 Motion to Dismiss. Responses due by 8/10/2019. Signed by Judge Miranda M. Du on 6/12/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
44
ORDER granting ECF No. 43 Respondents motion for enlargement of time to file a response to ECF No. 38 Amended Petition. Answer/Response due by 5/28/2019. Signed by Judge Miranda M. Du on 5/3/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
42
ORDER that the motion for leave to file Exhibits 4 and 5 under seal (ECF No. 40 ) is granted, and Exhibits 4 and 5 are considered properly filed under seal. Signed by Judge Miranda M. Du on 3/5/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
37
ORDER - Petitioner's unopposed motion for extension of time (ECF No. 36 ) is granted. Petitioner will have until March 5, 2019, to file a counseled amended petition for writ of habeas corpus in this case. Further extensions of time, however, are not likely to be granted. Signed by Judge Miranda M. Du on 1/7/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
35
ORDER that Petitioner's unopposed motion for leave to file an amended petition ECF No. 33 is granted; amended petition for writ of habeas corpus due 01/05/2019; Respondents to file a response to the amended petition within (60) days of service of an amended petition; Petitioner may file a reply within (30) days of service of the answer; any exhibits filed by the parties must be filed with a separate index of exhibits identifying the exhibits by number; hard copy of any exhibits must be delivered to Reno Clerk's Office (See Order for further details and information). Signed by Judge Miranda M. Du on 9/6/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
32
ORDER granting Motion to Extend Time (ECF No. 31 ) : Petitioner will have until August 27, 2018, within which to either respond to the Court's Order of May 22, 2018 (ECF No. 22 ), directing Petitioner to make an election with respect to his unexhausted claims or to seek other appropriate relief, including leave to file an amended petition. Signed by Judge Miranda M. Du on 8/21/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
25
ORDER that ECF No. 23 Motion, construed as a motion for appointment of counsel is granted. FPD is provisionally appointed as counsel and will have until 7/20/2018 to undertake direct representation of Petitioner or to indicate to the Court the office's inability to represent Petitioner in these proceedings. Clerk directed to send a copy of this Order to Petitioner, AG, FPD, and CJA Coordinator (E-service to AG, FPD and CJA Coordinator on 6/20/2018; mailed to petitioner on 6/20/2018). Signed by Judge Miranda M. Du on 6/20/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
22
ORDER that Respondents' motion to dismiss the Petition (ECF No. 10 ) is granted; petitioner will have until 6/21/2018 to file motions as outlined in order; the entire petition will be dismissed without prejudice for lack of complete exhaustion if a motion as provided for herein is not timely mailed for filing. Signed by Judge Miranda M. Du on 5/22/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
4
ORDER that Plaintiff's Application for Leave to Proceed in forma pauperis ECF No. 1 is GRANTED; Clerk directed to file and e-serve a copy of the Petition upon the respondents (e-service petition on 05/31/2017); Clerk directed to sen d Petitioner a copy of the filed petition; Clerk directed to add Nevada AG Adam Paul Laxalt as counsel for respondents; AG answer/respond to Petition by 07/14/2017; if an answer is filed, petitioner will have 45 days from the date of service of the answer to file a reply; any state court exhibits filed by respondents must be filed with index identifying exhibit by number or letter; hard copy of all state court exhibits must be forwarded to the staff attorney in the Reno Division of the Clerk of Court. See order for further details. Signed by Judge Miranda M. Du on 05/31/2017. (Copies have been distributed pursuant to the NEF - KW)
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