Howard v. Baker et al
| Nicholas Barksdale Howard |
| Attorney General of the State of Nevada and Renee Baker |
| 3:2016cv00631 |
| November 1, 2016 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Robert C. Jones |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
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The following documents for this case are available for you to view or download:
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Filing
59
ORDER - The Motion to Reopen (ECF No. 55 ) is granted. Clerk is directed to reopen this action and lift the stay. Respondents must file a response to the Second Amended Petition (ECF No. 53 ), including potentially by Motion to Dismiss, w ithin 60 days of the entry of this order and that Petitioner may file a reply within 30 days of service of any answer. Any procedural defenses raised by respondents to the Second Amended Petition (ECF No. 53 ) must be raised together in a single consolidated Motion to Dismiss. In any answer filed on the merits, Respondents must specifically cite to and address the applicable state court written decision and state court record materials, if any, regarding each claim within the respons e as to that claim. Notwithstanding Local Rule LR IC 2-2(g), paper copies of any electronically filed exhibits need not be provided to chambers or to the staff attorney, unless later directed by the court. Signed by Judge Robert C. Jones on 3/1/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
52
ORDER that petitioner's motion for leave to file second amended petition (ECF No. 47 ) is GRANTED; Clerk directed to file the second amended petition (ECF No. 47 -1); respondents' unopposed motion for enlargement of time to file a nswer to amended petition (ECF No. 51 ) is GRANTED; this action is STAYED pending exhaustion of the unexhausted claims; Clerk directed to administratively close this action until such time as the court grants a motion to reopen the action. Signed by Judge Robert C. Jones on 9/12/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
48
ORDERED that respondents must file and serve an answer to the remaining claims by 7/5/2019. Petitioner may file a reply within forty-five (45) days of the date of service of the answer. Signed by Judge Robert C. Jones on 5/21/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
45
ORDER that respondents' motion to dismiss (ECF No. 34 ) is GRANTED IN PART and DENIED IN PART, such that: (a) Grounds 1(2), 1(4), 1(8), 1(9), 1(10) and 2 are DISMISSED with prejudice as untimely; and (b) the Court holds that Ground 4 is unexhau sted to the extent that petitioner bases the claim on alleged trial errors as opposed to alleged ineffective assistance of counsel. The entire petition will be dismissed unless, by 4/11/2019, petitioner either files a notice of voluntary dismissal of the unexhausted portion of Ground 4 or seeks other appropriate relief, such as a stay. Signed by Judge Robert C. Jones on 3/11/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
39
ORDER granting ECF No. 38 Petitioner's Unopposed Motion for Extension of Time to File Opposition to Motion to Dismiss (ECF No. 34 ). Response/Opposition due by 7/2/2018. Signed by Judge Robert C. Jones on 5/17/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
33
ORDER granting ECF No. 32 Respondents' unopposed motion for enlargement of time to respond to ECF No. 14 Amended Petition for Writ of Habeas Corpus. Respondents response due by 5/3/2018. Signed by Judge Robert C. Jones on 3/6/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
31
ORDER granting ECF No. 30 Unopposed Motion for Enlargement of Time to file response to ECF No. 14 Amended Petition. Respondents' answer due by 3/5/2018. Signed by Judge Robert C. Jones on 1/19/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
5
ORDERED that the IFP application (ECF No. 1 ) is GRANTED. Clerk shall file the petition for a writ of habeas corpus Petitioner's motion for appointment of counsel (ECF No. 2 ) is GRANTED. FPD is provisionally appointed to represent petitioner. FPD shall have until 1/19/2017 to undertake direct representation of petitioner or to indicate inability to do so. Clerk shall add AG as counsel for respondents. Clerk shall E-serve both the AG and the FPD a copy of the petition and a copy of this order. (E-service 12/20/2016.) AG shall enter a notice of appearance by 1/9/2017, but no further response shall be required from respondents until further order of the court. Any exhibits filed shall be file with separate index as specified herein. A hard copy of any additional state court exhibits shall be forwarded to the Las Vegas staff attorneys. (Copies have been distributed pursuant to the NEF - DRM) Modified on 12/20/2016 to reflect copy of order mailed to P at ESP (DRM).
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Filing
4
ORDER that this action is transferred to the unofficial northern division of this court for all further proceedings. The Clerk of Court is instructed to transfer and reopen this matter as a new action under a new docket number in the northern division and to close this case without prejudice to Howard. Signed by Judge Jennifer A. Dorsey on 11/1/2016. (Copies have been distributed pursuant to the NEF - SLD)
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