Guzman v. State of Nevada et al
| Marco Guzman |
| Nevada Attorney General and Nevada, State of |
| 3:2017cv00515 |
| August 25, 2017 |
| 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
106
ORDERED that Petitioner's Motion for Leave to Conduct Discovery (ECF No. 93 ) is DENIED. IT IS FURTHER ORDERED that Petitioner's Motion for an Evidentiary Hearing (ECF No. 94 ) is DENIED. IT IS FURTHER ORDERED tha t Petitioner's Third Amended Petition for Writ of Habeas Corpus (ECF No. 55 ) is DENIED. IT IS FURTHER ORDERED that Petitioner is denied a certificate of appealability. IT IS FURTHER ORDERED that the Clerk of the Court is directed to enter judgment accordingly and close this case. Signed by Judge Howard D. McKibben on 1/10/2024. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
105
ORDER GRANTING ECF Nos. 97 , 100 , 101 Motions to Extend Time. Respondents' response to Petitioner's reply (ECF No. 102 ), response to Petitioner's motion for leave to conduct discovery (ECF No. 98 ), and response to Petitioner's motion for evidentiary hearing (ECF No. 99 ) will be treated as timely filed. Signed by Judge Howard D. McKibben on 10/12/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
96
ORDER - IT IS ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 95 ) is GRANTED. Respondents will have until and including September 18, 2023, to file responses to Petitioner's reply (ECF No. 92 ), motio n for leave to conduct discovery (ECF No. 93 ) and motion for evidentiary hearing (ECF No. 94 ). The schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 7/5/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
91
ORDER GRANTING ECF No. 90 Motion to Extend Time: Petitioner will have until and including June 5, 2023, to file his reply to Respondents answer. The Court will not look favorably upon any motion to further extend this deadline. In all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 5/5/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
89
ORDER - IT IS THEREFORE ORDERED that Petitioner's Motion for Extension of Time(ECF No. 88 ) is GRANTED. Petitioner will have until and including May 3, 2023, to file his reply to Respondents' answer (ECF No. 84 ) (5/3/2023) . In all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), William Gittere is s ubstituted for Calvin Johnson as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. (Docket updated.) Signed by Judge Howard D. McKibben on 4/4/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
87
ORDERED that Petitioner's Motion for Extension of Time (ECF No. 86 ) is GRANTED. Petitioner will have until and including April 3, 2023, to file his reply to Respondents' answer (ECF No. 84 ). In all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 2/1/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
83
ORDER - IT IS THEREFORE ORDERED that Respondents' Motions for Enlargement of Time (ECF Nos. 81 and 82 ) are GRANTED. Respondents will have until and including December 2, 2022, to file their answer (12/2/2022). In all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 11/21/2022. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
80
ORDER - Respondents' Motion for Enlargement of Time (ECF No. 79 ) is GRANTED. Respondents will have until and including November 10, 2022, to file their answer. In all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 10/13/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
78
ORDER - IT IS THEREFORE ORDERED that Respondents' Motion for Enlargementof Time (ECF No. 77 ) is GRANTED. Respondents will have until and including October 7, 2022, to file their answer (10/7/2022). IT IS FURTHER ORDERED t hat, in all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 8/24/2022. (Copies have been distributed pursuant to the NEF - CJD)
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Filing
76
ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 75 ) is GRANTED. Respondents will have until and including August 23, 2022, to file their answer. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 6/27/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
74
ORDERED that Petitioner's Motion for Enlargement of Time (ECF No. 73 ) is DENIED. Respondents' Motion to Dismiss (ECF No. 63 ) is DENIED. Petitioner's Motion for Leave to Conduct Discovery (ECF No. 70 ) is DEN IED. Respondents will have 120 days from the date of this order to file an answer (6/24/2022). In all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 2/24/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
68
ORDER - IT IS ORDERED that Petitioner's Motion for Extension of Time (ECF No. 67 ) is GRANTED. Petitioner will have until and including December 29, 2021, to respond to Respondents' motion to dismiss. In all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 11/30/2021. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
66
ORDER GRANTING ECF No. 65 Motion to Extend Time : Petitioner will have until and including November 26, 2021, to respond to Respondents' motion to dismiss (ECF No. 63 ). In all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 9/28/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
62
ORDER - Respondents Motion for Enlargement of Time (ECF No. 61 ) is GRANTED. Respondents will have until and including July 27, 2021, to respond to the third amended petition for writ of habeas corpus. IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 7/14/2021. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
60
ORDER granting ECF No. 59 Motion to Extend Time. Respondents will have until and including July 13, 2021, to respond to the third amended petition for writ of habeas corpus (ECF No. 55 ). In all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 6/7/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
58
ORDER granting ECF No. 57 Motion to Extend Time. Respondents will have until and including June 3, 2021, to respond to the third amended petition for writ of habeas corpus (ECF No. 55 ). In all other respects, the schedule for further proceedings set forth in the order entered January 19, 2021 (ECF No. 54 ) will remain in effect. Signed by Judge Howard D. McKibben on 4/22/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
54
ORDERED that Petitioner's Motion to Reopen (ECF No. 46 ) is GRANTED. The stay of this action is lifted. The Clerk of the Court is directed to reopen this case. IT IS FURTHER ORDERED that Petitioner's Motion for Leave to File Third Amended Petition for Writ of Habeas Corpus (ECF No. 47 ) is GRANTED. The Clerk of the Court is directed to separately file Petitioner's Third Amended Petition for Writ of Habeas Corpus, located at ECF No. 47 -1. IT IS FU RTHER ORDERED that Petitioner's Motion for Leave to File Exhibit Under Seal (ECF No. 50 ) is GRANTED. As the subject exhibit (Exhibit 56) has already been filed under seal (ECF No. 51 ), no further action is necessary in this regard. IT IS FURTHER ORDERED that Respondents' Motion for Enlargement of Time (ECF No. 53 ) is DENIED. IT IS FURTHER ORDERED that the following schedule will govern further proceedings in this action : Answer/response to petition due 90 days from the date of this order (4/19/2021); (See pdf order for additional subsequent deadlines). Signed by Judge Howard D. McKibben on 1/19/2021.(Copies have been distributed pursuant to the NEF - DRM)
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Filing
40
ORDER denying without prejudice ECF Nos. 28 Respondents' Motion to Dismiss and 33 Petitioner's Motion for Leave to conduct Discovery; Petitioner will have until 4/5/2019 to file motion to stay; Respondents will have 30 days to respond; Petitioner will have 20 days to reply. Signed by Judge Howard D. McKibben on 2/19/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
36
ORDER that Respondents' Motion for Enlargement of Time (ECF No. 35 ) is GRANTED. The respondents will have until January 22, 2019, to file their reply in support of their motion to dismiss (ECF No. 28 ) and their response to the petitioner's motion for leave to conduct discovery (ECF No. [33). In all other respects, the schedule for further proceedings set forth in the order entered October 2, 2017 (ECF No. 8 ) will remain in effect. Signed by Judge Howard D. McKibben on 12/6/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
31
ORDER that petitioner's Motion for Extension of Time ECF No. 30 is GRANTED IN PART AND DENIED IN PART; petitioner to response to the motion to dismiss ECF No. 28 is extended to 11/29/2018; in all other respects, the schedule for further proceedings set forth in the order ECF No. 8 will remain in effect. Signed by Judge Howard D. McKibben on 10/17/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
26
ORDER - Petitioner's Motion for Leave to File Second Amended Petition (ECF No. 19 ) is GRANTED. Clerk shall separately file petitioner's Second Amended Petition for Writ of Habeas Corpus, which is currently on file at ECF No. [ 19]-1. Answer/response to petition due by 8/17/2018. Petitioner's Motion for Leave to File Exhibits Under Seal (ECF No. 20 ) is GRANTED. Petitioner is granted leave of court to file his Exhibit Number 33 under seal. As that exhibit has already been filed under seal (ECF No. 21 ), no further action is necessary in this regard. Signed by Judge Howard D. McKibben on 6/18/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
22
ORDER that respondents' response to the first amended petition will be suspended, pending the resolution of the motions filed by the petitioner on 5/18/2018; the Court will set a new schedule when said motions are resolved. Signed by Judge Howard D. McKibben on 5/23/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
12
ORDER granting ECF No. 11 Petitioner's Motion for Extension of Time to file an amended petition. Amended Petition due by 4/2/2018. Signed by Judge Howard D. McKibben on 1/2/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
8
ORDER directing Petitioner to pay $5 filing fee within 20 days. Amended petition due within 90 days, answer due within 60 days thereafter, reply due within 45 days of response, and response to reply due within 30 days thereafter. See order for further details. Signed by Judge Howard D. McKibben on 10/2/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing
3
ORDER that petitioners Application to Proceed In Forma Pauperis ECF No. 1 isDENIED;Clerk to separately file the Petition for Writ of Habeas Corpus ECF No. 1 -1 and the Motion for Appointment of Counsel ECF No. 1 -2; petitioners Motion f or Appointment of Counsel is GRANTED; the Federal Public Defender for the District of Nevada (FPD) is appointed to represent petitioner; if the FPD is unable to represent the petitioner, due to a conflict of interest or other reason, then alte rnate counsel will be appointed; the Clerk shall electronically serve upon the FPD a copy of this order, together with a copy of the Petition for Writ of Habeas Corpus (e-served on 08/31/2017); FPD shall have until 09/30/2017to file a notice of appearance, or to indicate to the Court its inability to represent the petitioner in this case; the court will set a new deadline for payment of the filing fee after counsel appear for the petitioner and the respondents; the Clerk to add Adam Paul Laxalt, AG, as counsel for respondents; Clerk to electronically serve upon respondents a copy of the Petition for Writ of Habeas Corpus and a copy of this order (e-served on 08/31/2017); respondents shall have 30 days from the date on which the pet ition is served upon them to appear in this action; respondents will not be required to respond to the habeas petition at this time; the court will establish a schedule for furtherproceedings in this case after counsel appear for the petitioner and the respondents. Signed by Judge Howard D. McKibben on 08/31/2017. (copy of order sent to P) (Copies have been distributed pursuant to the NEF - KW)
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