Xia v. Nevada Attorney General et al
| Chi Xia |
| Isidro Baca and Nevada Attorney General |
| 3:2016cv00651 |
| November 9, 2016 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Howard D. McKibben |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
39
ORDERED that the remaining grounds in the petition, Grounds 1(a), 2 and 3, are DENIED with prejudice on the merits and that this action shall be DISMISSED. A certificate of appealability is DENIED. The Clerk shall enter final judgment accordingly and close this case. Signed by Judge Howard D. McKibben on 9/14/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
36
ORDER that Respondents' first motion for extension of time to file an answer to the first-amended petition (ECF No. 35 ) is GRANTED. Respondents shall file their answer on or before June 9, 2020. Signed by Judge Howard D. McKibben on 4/15/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
34
ORDERED that respondents' motion to dismiss (ECF No. 27 ) is GRANTED. Ground 1(B) is dismissed as untimely. IT IS FURTHER ORDERED that respondents shall have 45 days (4/9/2020) to file an answer to the first-amended petition (ECF No. [1 5]). IT IS FURTHER ORDERED that petitioner shall have 30 days after the date of service of the answer in which to file the reply in support of the petition. IT IS FURTHER ORDERED that respondents' motion to extend time (ECF No. 26 ) is GRANTED nunc pro tunc. Signed by Judge Howard D. McKibben on 2/24/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
24
ORDER that Petitioner's motions for extension of time to file a second-amended petition ECF Nos. 21 / 22 are GRANTED nunc pro tunc. Signed by Judge Howard D. McKibben on 2/28/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
19
ORDER granting ECF No. 18 Motion for Extension of Time to file Second Amended Petition. Second Amended Petition due by 10/22/2018. Signed by Judge Howard D. McKibben on 7/30/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
14
ORDER that petitioner's motion for leave to file a first amended petition ECF No. 12 is GRANTED; Clerk to DETACH and FILE the first-amended petition ECF No. 12 -1; petitioner's motion for scheduling order to file a second-amended petition ECF No. 13 is GRANTED; petitioner has until 07/21/2018 to FILE and SERVE second amended petition; respondents to have (45) days after service to file answer or other response to the second amended petition; any procedural de fenses raised by respondents in this case shall be raised together in a single consolidated motion to dismiss; petitioner shall have (45) days from service of the answer, motion to dismiss, or other response to file a reply or opposition; any state c ourt record exhibits filed by the parties herein shall be filed with an index of exhibits identifying the exhibits by number or letter; parties SHALL SEND courtesy copies of all exhibits to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of "Staff Attorney" on the outside of the mailing address label. Signed by Judge Howard D. McKibben on 5/22/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
5
ORDERED that the Clerk detach, file and E-SERVE the petition (ECF No. 1 -1) on the respondents. (E-service to AG on 4/5/2017; Copy mailed to P.) Clerk shall add Adam Paul Laxalt as counsel for respondents. This action is STAYED pending final res olution of petitioner's state post conviction habeas petition. Grant of a stay is conditioned upon petitioner returning to federal court with a motion to reopen the case within 45 days of the issuance of the remittitur. Clerk SHALL ADMINISTRATIVELY CLOSE this action, until such time as the court grants a motion to reopen the matter. Signed by Judge Howard D. McKibben on 4/5/2017. (Copies have been distributed pursuant to the NEF - DRM)
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