Miranda-Rivas v. Wickham et al
| Jorge Miranda-Rivas |
| Nevada Attorney General and Harold Wickham |
| 3:2016cv00663 |
| November 16, 2016 |
| U.S. District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| 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
108
ORDERED that the third amended petition for writ of habeas corpus (ECF No. 56 ) is denied in its entirety. A certificate of appealability is denied as to all grounds. Clerk is directed to substitute Wiliam Gittere for respondent Harold Wickham. Clerk is further directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 5/26/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
104
ORDERED that within 10 days of the date of entry of this order (5/12/2022), Respondents must file a redacted publicly available copy of the documents filed as ECF Nos. 36 -26 and 36 -27, in compliance with LR IC 6-1(a)(3). Petitioner need not fi le redacted publicly available copies for ECF Nos. 52 -3 and 57 -1 as they duplicate ECF No. 36 -27. The Clerk of Court is directed seal the documents filed as ECF Nos. 36 -26, 36 -27, 52 -3 and 57 -1Signed by Chief Judge Miranda M. Du on 5/2/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
101
ORDER granting ECF No. 100 Motion to Extend Time. Petitioner will have up to and including July 23, 2021, to file a reply to the answer (ECF No. 99 ). Signed by Chief Judge Miranda M. Du on 6/25/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
98
ORDER granting ECF No. 97 Motion to Extend Time. Respondents will have up to and including May 24, 2021, to file an Answer to the Third Amended Petition (ECF No. 56 ). Signed by Chief Judge Miranda M. Du on 5/21/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
96
ORDERED that Respondents' unopposed motion for enlargement of time (ECF No. 95 ) is granted. Respondents will have up to and including May 20, 2021, to file an answer to the third amended petition (ECF No. 56 ). Signed by Chief Judge Miranda M. Du on 5/11/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
94
ORDER granting ECF No. 93 Motion to Extend Time. Respondents will have up to and including May 10, 2021, to file an answer to the Third Amended Petition (ECF No. 56 ). Signed by Chief Judge Miranda M. Du on 4/16/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
92
ORDER granting ECF No. 91 Motion to Extend Time. Respondents will have up to and including April 9, 2021, to file an answer to the Third Amended Petition (ECF No. 56 ). Signed by Chief Judge Miranda M. Du on 3/11/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
90
ORDER granting ECF No. 89 Motion to Extend Time : Answer to ECF No. 56 Third Amended Petition due by 3/10/2021. Signed by Chief Judge Miranda M. Du on 2/9/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
88
ORDER - Petitioner's motion for dismissal of grounds ten and twelve of the third amended petition (ECF No. 84 ) is granted. Grounds ten and twelve of the third amended petition are dismissed. Briefing will proceed in accordance with the schedule of the Court's order of September 30, 2020 (ECF No. 83 ). Signed by Chief Judge Miranda M. Du on 12/10/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
86
ORDER granting ECF No. 85 Motion to Extend Time. Petitioner will have up to and including December 9, 2020, to file his declaration dismissing grounds 10 and 12 of the Third Amended Petition (ECF No. 56 ). Signed by Chief Judge Miranda M. Du on 11/10/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
83
ORDERED that Respondents' motion to dismiss (ECF No. 58 ) is granted in part. Grounds 1, 2, and 4 are dismissed from this action with prejudice because they are untimely. Grounds 10 and 12 are unexhausted. Petitioner will have 30 day s from the date of entry of this order (10/30/2020) to file a motion for dismissal without prejudice of the entire petition, for dismissal of grounds 10 and 12, or for other appropriate relief. Within 10 days of filing such motion, Petitioner must file a signed declaration as specified herein. (See pdf order for additional specifics.) Signed by Chief Judge Miranda M. Du on 9/30/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
81
ORDER that Respondents' unopposed motion for enlargement of time (seventh request) (ECF No. 80 ) is granted. Respondents will have up to and including September 11, 2020, to file a reply to Petitioner's opposition to the motion to dismiss (ECF No. 66 ). Signed by Chief Judge Miranda M. Du on 8/31/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
79
ORDER that Respondents' unopposed motion for enlargement of time (sixth request) (ECF No. 78 ) is granted. Respondents will have up to and including August 28, 2020, to file a reply to Petitioner's opposition to the motion to dismiss (ECF No. 66 ). Signed by Chief Judge Miranda M. Du on 8/24/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
77
ORDER that Respondents' unopposed motion for enlargement of time (fifth request) (ECF No. 76 ) is granted. Respondents will have up to and including August 21, 2020, to file a reply to Petitioner's opposition to the motion to dismiss (ECF No. 66 ). Signed by Chief Judge Miranda M. Du on 8/18/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
75
ORDER granting ECF No. 74 Motion to Extend Time : Reply to ECF No. 66 Response re ECF No. 58 Motion to Dismiss due by 8/14/2020. Signed by Chief Judge Miranda M. Du on 7/20/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
73
ORDER that Respondents' unopposed motion for enlargement of time (third request) (ECF No. 72 ) is granted. Respondents will have up to and including July 15, 2020, to file a reply to Petitioner's opposition to the motion to dismiss (ECF No. 66 ). Signed by Chief Judge Miranda M. Du on 6/16/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
71
ORDER that Respondents' unopposed motion for enlargement of time (second request) (ECF No. 70 ) is granted. Respondents will have up to and including June 15, 2020, to file a reply to Petitioner's opposition to the motion to dismiss (ECF No. 66 ). Signed by Chief Judge Miranda M. Du on 5/18/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
69
ORDER - Respondents' Motion for Enlargement of Time (ECF No. 68 ) is granted. Respondents will have up to and including May 15, 2020, to file a reply to Petitioner's Opposition (ECF No. 66 ) re the Motion to Dismiss (ECF No. 58 ).Petitioner's Motion for Leave (ECF No. 67 ) is granted. Signed by Chief Judge Miranda M. Du on 4/17/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
65
ORDER granting in part ECF No. 64 Motion to Extend Time re ECF No. 58 Motion to Dismiss. Petitioner's response due by 4/9/2020. Signed by Chief Judge Miranda M. Du on 3/11/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
61
ORDER granting ECF No. 60 Motion to Extend Time re ECF No. 58 Motion to Dismiss: Petitioner's response due by 3/9/2020. Signed by Chief Judge Miranda M. Du on 2/7/2020. (Copies have been distributed pursuant to the NEF - KR)
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Filing
55
ORDER - ECF No. 52 Motion to File a Third Amended Petition is granted. Petitioner must file the third amended petition and the associated exhibits within 7 days from the date of entry of this order (1/16/2020). ECF No. 54 Motion to Ext end Time to Respond is granted. Respondents will have 30 days from the filing of the third amended petition to file a response to the third amended petition. Signed by Chief Judge Miranda M. Du on 1/9/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
46
ORDER that Petitioner's motion for stay and abeyance (ECF No. 41 ) 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 Miranda M. Du on 11/9/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
44
ORDER that Petitioner's motion for extension of time (second request) (ECF No. 43 ) is granted. Petitioner need not file an opposition to Respondents' motion to dismiss (ECF No. 35 ) until further order of the Court. Signed by Judge Miranda M. Du on 10/16/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
39
ORDER that ECF No. 38 Petitioner's unopposed motion for extension of time to file opposition to ECF No. 35 Motion to Dismiss (first request) is granted. Response due by 10/12/2018. Signed by Judge Miranda M. Du on 8/27/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
30
ORDER - Answer/Response to Second Amended Petition (ECF No. 23 ) due by 6/21/2018. It is further ordered that Petitioner's motion for discovery (ECF No. 25 ) is denied without prejudice. Signed by Judge Miranda M. Du on 5/7/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
29
ORDER granting nunc pro tunc ECF No. 22 Motion to Extend Time. Second Amended Petition due by 10/13/2017. Signed by Judge Miranda M. Du on 3/14/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
16
ORDER granting ECF No. 12 Motion for leave to file : Second Amended Petition due by 5/10/2017. Signed by Judge Miranda M. Du on 2/8/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
5
ORDER directing clerk to file the petition and motion for appointment of counsel; granting the motion for appointment of counsel and provisionally appointing FPD to represent Petitioner; giving FPD 30 days to undertake direct representa tion or indicate an inability to do so; directing Clerk to add NV AG as counsel for Respondents and to e-serve the NV AG and FPD a copy of petition and this order (NEFs sent 12/23/2016); giving Respondents' counsel 20 days to enter notice of appearance. Any state court exhibits to be filed with separate index. Hard copies of any exhibits shall be forwarded for this case to staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 12/23/2016. (Copies have been distributed pursuant to the NEF - KR)
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