Cardenas-Ornelas v. Baker et al
| Luis Cardenas-Ornelas |
| Renee Baker and Nevada Attorney General |
| 3:2017cv00461 |
| August 2, 2017 |
| US 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
81
ORDERED that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 22 ) is denied.It is further ordered that a certificate of appealability is denied. Clerk of Court is directed to substitute Calvin Johnson for respondent Rene Baker, enter judgment accordingly, and close this case. Signed by Chief Judge Miranda M. Du on 1/25/2022. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
77
ORDER - By December 27, 2021, counsel Neidert must file a status report to confirm his representation of Cardenas-Ornelas. Signed by Chief Judge Miranda M. Du on 12/15/2021. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
75
ORDER Re: ECF No. 74 Declaration : The briefing period in this case has closed and additional filings will not be accepted. Further letters or declarations to the Court repeating this complaint will be disregarded. Signed by Chief Judge Miranda M. Du on 3/16/2021. (Copy mailed to P at HDSP in light of pro se submission docketed at ECF No. 74 .)(Copies have been distributed pursuant to the NEF - DRM)
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Filing
72
ORDER - By February 19, 2021, counsel David Neidert must file: (1) a motion seeking leave to file an untimely reply; or (2) a notice stating that a reply was not warranted. Signed by Chief Judge Miranda M. Du on 2/4/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
68
ORDER granting ECF No. 67 Motion to Extend Time re ECF No. 22 Second Amended Petition. Answer/Response due by 10/8/2020. No further extensions will be granted. Signed by Chief Judge Miranda M. Du on 10/8/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
66
ORDER granting ECF No. 65 Motion to Extend Time re ECF No. 22 Second Amended Petition. Answer/Response due by 10/7/2020. Signed by Chief Judge Miranda M. Du on 10/2/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
64
ORDER granting ECF No. 63 Motion to Extend Time. Respondents' deadline to answer Petitioner's surviving claims is extended to October 1, 2020. No further extensions will be granted with respect to Respondents' Answer. Signed by Chief Judge Miranda M. Du on 9/8/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
62
ORDER that Respondents' Motion for Enlargement of Time (ECF No. 61 ) is granted. Respondents have until September 3, 2020, to file an answer to the surviving claims of the petition in this case. Signed by Chief Judge Miranda M. Du on 7/21/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
59
ORDER - Clerk directed to strike Petitioner Luis Cardenas-Ornelas's Motions/Letters Requesting Copies (ECF Nos. 57 , 58 ) from the docket; Petitioner's counsel directed to file a status report to update the Court on whether he has provided his client with relevant filings in this case, and if he has not, then an explanation for the failure to do so. The status report may be ex parte, and is due within seven days of the date of entry of this order. Signed by Chief Judge Miranda M. Du on 7/16/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
56
ORDER - The Motion to Dismiss (ECF No. 55 ) is granted. Ground 2 is dismissed without prejudice as unexhausted and by Cardena-Ornelas's request. Respondents will have 60 days to answer the remaining claims of the Petition ( ECF No. 22 ) in this case. Petitioner will have 30 days following service of the answer to file and serve a reply brief. All other instructions set forth in the Court's December 2017 Order (ECF No. 10 ) remain in effect. Signed by Chief Judge Miranda M. Du on 5/19/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
53
ORDER that Respondents' motion to dismiss (ECF No. 39 ) is granted as follows: (1) ground 3 is dismissed as non-cognizable; and (2) ground 2 is dismissed as unexhausted; Petitioner will have 30 days to respond as outlined in order; failure to timely comply with this order will result in the dismissal of Cardenas-Ornelas's mixed Petition without further advanced notice. Signed by Chief Judge Miranda M. Du on 1/31/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
49
ORDER directing Clerk to unseal the following exhibits, re Respondents' ECF No. 45 Motion (see PDF for details). Signed by Judge Miranda M. Du on 7/16/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
38
ORDER granting ECF No. 37 Motion to Extend Time : Answer/response to ECF No. 22 Amended Petition due by 6/5/2019. Signed by Judge Miranda M. Du on 5/3/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
33
ORDER directing that to the extent Petitioner seeks withdrawal of counsel, the motion is denied without prejudice. Signed by Judge Miranda M. Du on 4/5/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
30
ORDER granting ECF No. 29 Motion to Extend Time re ECF No. 22 Second Amended Petition. Respondents' answers due 5/6/2019. Signed by Judge Miranda M. Du on 3/7/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
28
ORDER - Mr. Neidert must file, under seal, a response to the allegations raised in Petitioner's letters (ECF Nos. 25 , 27 ) by 3/20/2019. In the meantime, Mr. Neidert must provide Petitioner with copies of any pleadings filed on his behalf, including the second amended petition, to the extent he has not already done so. The Clerk of Court is directed to send a copy of this order by mail to Petitioner in proper person and will reflect the mail transmittal to petitioner in proper person in the docket entry for this order. (Copy of instant order mailed to P at LCC on 3/6/2019.) Signed by Judge Miranda M. Du on 3/6/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
24
ORDER that Respondents' unopposed motion for extension of time (ECF No. 23 ) is granted. Respondents will have until March 7, 2019, to respond to the petition (ECF No. 22 ) in this case. Signed by Judge Miranda M. Du on 12/10/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
21
ORDER that Petitioner's fourth motion for enlargement of time (ECF No. 20 ) is granted; Second amended petition due by 10/8/2018. Petitioner is cautioned that absent an extraordinary showing of good cause, no further extensions of time to file the second amended petition will be granted in this case. Signed by Judge Miranda M. Du on 9/10/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
18
ORDER granting ECF No. 17 petitioner's third motion for enlargement of time. Second Amended Petition for Writ of Habeas Corpus due by 9/7/2018. Signed by Judge Miranda M. Du on 7/10/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
16
ORDER - Motions for extension of time (ECF Nos. 14 , 15 ) are granted. Second Amended Petition due by 7/9/2018. Signed by Judge Miranda M. Du on 5/24/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
13
ORDER granting ECF No. 12 Motion for Enlargement of Time. Second Amended Petition due by 5/18/2018. Signed by Judge Miranda M. Du on 4/5/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
10
ORDER that the provisional appointment of the FPD is withdrawn; David K. Neidert is appointed as counsel for petitioner; that petitioner's motion for leave to file a first amended petition ECF No. 7 is granted nunc pro tunc to 11/28/2017; Clerk directed to file the first amended petition and exhibits (see ECF No. 7 for exhibits); petitioner's motion for a scheduling order ECF No. 8 is granted; petitioner will have until 04/03/2017 to file a secon d amended petition and/or seek other appropriate relief; respondents will not be required to respond to the first amended petition at this time, but filed a response to the petition, as amended, within (60) days of service; petitioner may file a repl y within (30) days of service; the hard copy of any exhibits filed by either counsel must be delivered, for this case, to the Reno Clerk's Office; the Clerk will provide Mr. Neidert, upon his request, with a single set of electronic co pies of all prior filings; Clerk directed to send a copy of this order to the petitioner at the last institutional address (mailed to P at LCC on 12/04/2017). Signed by Judge Miranda M. Du on 12/4/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing
3
ORDER that Petitioner's application to proceed in forma pauperis is granted; Clerk directed to file the petition and motion for appointment of counsel; motion is granted; FPD will be appointed counsel and will have (30) day s to undertake direct representation or indicate to the Court the offices inability to represent petitioner; Clerk directed to add AG as counsel for respondents; respondents' counsel must enter a notice of appearance by 11/14/2017; no fur ther response will be required from respondents until further order; Clerk directed to send a copy of this order to petition, AG, FPD and CJA Coordinator (mail to P and e-service on 11/06/2017); Clerk to provide copies of all prior filings to AG and FPD (NEF regenerated on 11/06/2017). Signed by Judge Miranda M. Du on 11/06/2017. (Copies have been distributed pursuant to the NEF - KW)
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