Hidalgo v. LeGrand et al
Luis A. Hidalgo |
Adam Laxalt and Robert LeGrand |
Adam P. Laxalt |
3:2016cv00618 |
October 25, 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 |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 100 ORDER - It is therefore ordered that Petitioner Hidalgos third amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 (ECF No. 67 ) is denied. It is further ordered that a certificate of appealability is denied. The C lerk of Court is directed to substitute Tim Garrett for Respondent Robert LeGrand, enter judgment accordingly, and close this case. Re: 67 Amended Petition for Writ of Habeas Corpus Signed by Chief Judge Miranda M. Du on 9/23/2022. (Copies have been distributed pursuant to the NEF - CJS) |
Filing 98 ORDER - Hidalgo's unopposed motion for extension of time (ECF No. 97 ) is granted. Hidalgo will have up to and including August 2, 2022, to file and serve a reply to the third amended petition (ECF No. 67 ). Signed by Chief Judge Miranda M. Du on 7/20/2022. (Copies have been distributed pursuant to the NEF - HKL) |
Filing 96 ORDER - Hidalgo's unopposed motion for extension of time (ECF No. 95 ) is granted. Hidalgo will have up to and including July 19, 2022, to file and serve a reply to the third amended petition (ECF No. 67 ). Signed by Chief Judge Miranda M. Du on 6/17/2022. (Copies have been distributed pursuant to the NEF - HKL) |
Filing 92 ORDER granting ECF No. 91 Motion to Extend Time : Respondents will have up to and including May 20, 2022, to file and serve an answer to the remaining claims in Petitioner Luis Hildalgo's third amended petition (ECF No. 67 ). Signed by Chief Judge Miranda M. Du on 5/10/2022. (Copies have been distributed pursuant to the NEF - DRM) |
Filing 90 ORDER - Respondents' Motion (ECF No. 88 ) is granted. Respondents will have up to and including May 6, 2022, to file an answer to the remaining claims in the third amended petition (ECF No. 67 ). The Clerk of Court is directed to strike the proper-person supplement to the third amended petition (ECF No. 89 ). Signed by Chief Judge Miranda M. Du on 3/7/2022. (Copies have been distributed pursuant to the NEF - HKL) |
Filing 86 ORDERED Petitioner Luis Hidalgo's motion to continue his remaining grounds and dismiss Ground 16 only (ECF No. 84 ) is granted. Ground 16 of the Third Amended Petition is dismissed from this action. Respondents will have 60 days from the date of entry of this order (3/7/2022) to file and serve an answer. Reply due 30 days thereafter. Signed by Chief Judge Miranda M. Du on 1/5/2022. (Copies have been distributed pursuant to the NEF - DRM) |
Filing 83 ORDER - It is ordered that Respondents' motion to dismiss (ECF No. 70 ) is granted in part. The Court dismisses Grounds 9, 10, 11, 12, 13, 14, and 15 as untimely. Alternatively, the Court dismisses Grounds 9(3), 11(1), a nd 11(2) as redundant. Ground 16 is unexhausted. In all other respects, Respondents' motion to dismiss (ECF No. 70 ) is denied.It is further ordered that Petitioner must file a motion for dismissal without prejudice, within 30 da ys from the date of entry of this order (12/15/2021). Within 10 days of filing such motion, Petitioner must file a signed declaration under penalty of perjury pursuant to 28 U.S.C. § 1746. Failure to comply with this order will result in the dismissal of this action (See PDF Order for specifics). Signed by Chief Judge Miranda M. Du on 11/15/2021. (Copies have been distributed pursuant to the NEF - SMR) |
Filing 79 ORDER Granting ECF No. 77 Motion to Extend Time (second request); Re: ECF No. 70 Motion to Dismiss. Respondents will have up to and including September 2, 2021, to file a reply in support of their motion to dismiss. Signed by Chief Judge Miranda M. Du on 7/19/2021. (Copies have been distributed pursuant to the NEF - SMR) |
Filing 76 ORDER granting ECF No. 75 Motion to Extend Time. Respondents will have up to and including July 19, 2021, to file a reply in support of their Motion to Dismiss (ECF No. 70 ). Signed by Chief Judge Miranda M. Du on 6/4/2021. (Copies have been distributed pursuant to the NEF - AB) |
Filing 73 ORDER granting ECF No. 72 Motion to Extend Time : Response to ECF NO. 70 Motion to Dismiss due by 5/28/2021. Signed by Chief Judge Miranda M. Du on 3/29/2021. (Copies have been distributed pursuant to the NEF - DRM) |
Filing 69 ORDER granting ECF No. 68 Motion to Extend Time. Respondents will have up to and including March 19, 2021, to file a response to the Third Amended Petition (ECF No. 67 ). Signed by Chief Judge Miranda M. Du on 2/3/2021. (Copies have been distributed pursuant to the NEF - AB) |
Filing 66 ORDER - Petitioner's Motion for Stay and Abeyance (ECF No. 63 ) is denied in part with respect to staying the case and granted in part with respect to an extension of time to file the Third Amended Petition. Petitioner will have u ntil December 4, 2020 to file a Third Amended Petition. The Scheduling Order of September 6, 2019 (ECF No. 58 ) otherwise remains in effect. Signed by Chief Judge Miranda M. Du on 11/9/2020. (Copies have been distributed pursuant to the NEF - AB) |
Filing 62 ORDER granting ECF No. 61 Motion to Extend Time. Petitioner will have up to and including August 7, 2020 to file and serve a Third Amended Petition. Signed by Chief Judge Miranda M. Du on 4/9/2020. (Copies have been distributed pursuant to the NEF - AB) |
Filing 60 ORDER that Petitioner will have 120 days from the date of entry of this order to file a third amended petition. The scheduling order of September 6, 2019 (ECF No. 58 ) otherwise remains in effect. Signed by Chief Judge Miranda M. Du on 12/11/2019. (Copies have been distributed pursuant to the NEF - LH) |
Filing 57 ORDER that the motion to withdraw as counsel (ECF No. 54 ) is granted; Clerk directed to send a copy of this order to Kim Driggers at the Office of the Federal Public Defender, who must locate substitute counsel for Petitioner; Clerk also directed to send a copy of this order to Petitioner. Signed by Judge Miranda M. Du on 8/19/2019. (E-service to Kim Driggers on 8/19/2019 and mailed to Petitioner on 8/19/2019). (Copies have been distributed pursuant to the NEF - LH) |
Filing 55 ORDERED counsel for Petitioner must file a declaration describing in detail the conflict of interest that he has with Petitioner. Counsel should file the declaration under seal, for in camera review by the Court. Counsel for Petitioner should not serve a copy of the declaration upon Respondents. The declaration is due on Friday, August 16, 2019. It is further ordered that Petitioner need not file a response to the motion to dismiss (ECF No. 40 ) until further order of the Court. Signed by Judge Miranda M. Du on 8/12/2019. (Copies have been distributed pursuant to the NEF - DRM) |
Filing 53 ORDER that Petitioner's motion for an extension of time (ECF No. 52 ) is granted in part. Petitioner will have until 8/14/2019 to file a response to Respondents' motion to dismiss (ECF No. 40 ). Signed by Judge Miranda M. Du on 6/4/2019. (Copies have been distributed pursuant to the NEF - LH) |
Filing 49 ORDER that Hidalgo's counsel's motion to withdraw ECF No. 39 is granted; Ms. Wilson is terminated as counsel of record for Hidalgo; all briefing deadlines on Respondents' motion to dismiss ECF No. 40 are continued without d ate until further order of the Court; Clerk directed to forward a copy of order to CJA Coordinator (e-served on 2/11/2019) and send hard copy of order to Mr. Hidalgo at his institutional address (mailed to P on 2/11/2019). Signed by Judge Miranda M. Du on 2/11/2019. (Copies have been distributed pursuant to the NEF - KW) |
Filing 38 ORDER that Respondents' unopposed motion for enlargement of time (second request) (ECF No. 37 ) is granted. Respondents will have through February 11, 2019, to file and serve a response to the second amended petition (ECF No. 33 ). Signed by Judge Miranda M. Du on 1/2/2019. (Copies have been distributed pursuant to the NEF - LH) |
Filing 36 ORDER that Respondents' unopposed motion for enlargement of time (ECF No. 35 ) is granted. Respondents will have through December 28, 2018, to file and serve a response to the second amended petition (ECF No. 33 ). Signed by Judge Miranda M. Du on 11/26/2018. (Copies have been distributed pursuant to the NEF - LH) |
Filing 32 ORDER granting in part ECF No. 29 Motion for leave to file supplement to amended petition; Second Amended Petition due by 9/28/2018; respondents will have (45) days from the date of filing the second amended petition to file answer or other response; petitioner will have (45) from the date served to file a reply to the answer or response to a motion. Signed by Judge Miranda M. Du on 8/14/2018. (Copies have been distributed pursuant to the NEF - KW) |
Filing 18 ORDER granting ECF No. 17 Motion to Extend Time : Amended Petition due by 1/5/2018. Signed by Judge Miranda M. Du on 12/4/2017. (Copies have been distributed pursuant to the NEF - DRM) |
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