Reid v. Baker et al
Petitioner: Rafael Reid
Respondent: CCS Baker and Nevada Attorney General
Case Number: 3:2017cv00532
Filed: August 31, 2017
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Valerie P. Cooke
Presiding Judge: Howard D. McKibben
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 16, 2022 Opinion or Order Filing 69 ORDERED that within 10 days of the date of entry of this order (5/26/2022) Respondents must file redacted publicly available copies of the documents filed as ECF Nos. 37 -3, 37 -4, and 37 -32, in compliance with LR IC 6-1(a)(1)-(3). IT IS FURTHER ORDERED that the clerk of the court shall seal the documents filed as ECF Nos. 37 -3, 37 -4, and 37 -32. Signed by Judge Howard D. McKibben on 5/16/2022. (Copies have been distributed pursuant to the NEF - DRM)
November 12, 2021 Opinion or Order Filing 62 ORDER granting ECF No. 61 Petitioner's Motion for Enlargement of Time. Petitioner has until November 17, 2021, to file his reply in response to Respondents' answer in this case. Signed by Judge Howard D. McKibben on 11/12/2021. (Copies have been distributed pursuant to the NEF - HKL)
September 9, 2021 Opinion or Order Filing 60 ORDER granting ECF No. 59 Motion to Extend Time. Petitioner has until October 18, 2021, to file his reply in response to ECF No. 58 Respondents' answer. Signed by Judge Howard D. McKibben on 9/9/2021. (Copies have been distributed pursuant to the NEF - SC) Modified on 9/9/2021 to correct ECF No. (SC).
May 27, 2021 Opinion or Order Filing 57 ORDER - Respondents' Motion for Enlargement of Time (ECF No. 56 ) is GRANTED. Respondents have until June 21, 2021, to answer the Second Amended Petition (ECF No. 32 ) in this case. Signed by Judge Howard D. McKibben on 5/27/2021. (Copies have been distributed pursuant to the NEF - DRM)
March 22, 2021 Opinion or Order Filing 55 ORDER - The Respondents' Motion to Dismiss (ECF No. 36 ) is denied. Respondents shall file an answer to the Second Amended Petition (ECF No. 32 ) within sixty days of the date of this order. Reid will have sixty days from service of the answer within which to file a reply. Signed by Judge Howard D. McKibben on 3/22/2021. (Copies have been distributed pursuant to the NEF - AB)
January 8, 2021 Opinion or Order Filing 53 ORDER - The Motion for Leave to File under Seal (ECF No. 51 ) is granted, and Exhibit 17 (ECF No. 50 ) is deemed properly filed under seal. Signed by Judge Howard D. McKibben on 1/8/2021. (Copies have been distributed pursuant to the NEF - AB)
November 13, 2020 Opinion or Order Filing 46 ORDER granting ECF No. 45 Motion to Extend Time. Petitioner shall have until January 11, 2021, to file an opposition to the Motion to Dismiss (ECF No. 36 ). Respondents thereafter will have until February 24, 2021, to file a reply. In light of the March 31, 2021, reporting deadline for the Motion to Dismiss, no further extensions of either deadline will be granted. Signed by Judge Howard D. McKibben on 11/13/2020. (Copies have been distributed pursuant to the NEF - AB)
October 20, 2020 Opinion or Order Filing 44 ORDER granting ECF No. 43 Motion to Extend Time re ECF No. 36 Motion to Dismiss. Response due by 11/12/2020. Signed by Judge Howard D. McKibben on 10/20/2020. (Copies have been distributed pursuant to the NEF - LW)
August 14, 2020 Opinion or Order Filing 42 ORDER GRANTING Motion to Extend Time (ECF No. 41 ) : Petitioner shall have until October 13, 2020, to file an opposition to the respondents' motion to dismiss (ECF No. 36 ). Signed by Judge Howard D. McKibben on 8/14/2020. (Copies have been distributed pursuant to the NEF - DRM)
June 23, 2020 Opinion or Order Filing 35 ORDER granting ECF No. 33 Motion to Extend Time. Respondents have until August 3, 2020, to answer or otherwise respond to the Second Amended Petition (ECF No. 32 ) in this case. Signed by Judge Howard D. McKibben on 6/23/2020. (Copies have been distributed pursuant to the NEF - AB)
August 20, 2018 Opinion or Order Filing 26 ORDER that the Motion/Application for Leave to Proceed in forma pauperis ECF No. 23 is DENIED AS MOOT. Signed by Judge Howard D. McKibben on 8/20/2018. (Copies have been distributed pursuant to the NEF - KW)
August 13, 2018 Opinion or Order Filing 22 ORDER that petitioner's motion to seal ECF No. 18 is GRANTED; petitioner's motion for a Rhines stay and abeyance ECF No. 20 is GRANTED; this action is stayed pending exhaustion of the claims in petitioner's petition; stay is conditioned upon petitioner litigating his state post-conviction petition or other appropriate proceeding in state court and returning to federal court with a motion to reopen within (45) days of issuance of the remittitur by the Supreme Court of Nevada at the conclusion of the state court proceedings; Clerk to administratively close this action. Signed by Judge Howard D. McKibben on 8/13/2018. (Copies have been distributed pursuant to the NEF - KW)
July 13, 2018 Opinion or Order Filing 15 ORDER that ECF No. 14 Petitioner's second unopposed motion for an extension of time in which to file an amended petition is GRANTED. Amended Petition due by 8/10/2018. Signed by Judge Howard D. McKibben on 7/13/2018. (Copies have been distributed pursuant to the NEF - LH)
April 17, 2018 Opinion or Order Filing 13 ORDER granting ECF No. 12 Motion to Extend Time: Amended Petition due by 7/12/2018. Signed by Judge Howard D. McKibben on 4/17/2018. (Copies have been distributed pursuant to the NEF - KR)
December 14, 2017 Opinion or Order Filing 11 ORDER - FPD Jeremy C. Baron, Esq. appointed as counsel for petitioner. Amended petition due by 4/13/2018, Answer/response to amended petition due 60 after service, and reply due 30 days thereafter. Any state court exhibits shall be filed with separate index as specified herein, and a hard copy of any exhibits shall be delivered to the Reno Clerk's Office. Signed by Judge Howard D. McKibben on 12/14/2017. (Copies have been distributed pursuant to the NEF - DRM)
October 20, 2017 Opinion or Order Filing 5 ORDER The Court's prior order (ECF No. 3 ) denying petitioners IFP application is VACATED. Petitioner's IFP application (ECF No. 1 ) is GRANTED. Clerk shall file the petition and accompanying papers. The motion (ECF No. 1 -3) for appointment of counsel is GRANTED. The motion (ECF No. 1 -2) for a stay is DENIED without prejudice to a possible renewed motion filed through counsel. FPD is provisionally appointed as counsel and shall have thirty (30) days to undertake dire ct representation of petitioner, or indicate to the Court the office's inability to do so. The Clerk shall add AG as counsel for respondents and shall make informal electronic service of this order upon respondents. (E-service (NEF) 10/20/2017 ) Respondents' counsel shall enter a notice of appearance by 11/10/2017. Clerk shall send a copy of this order to the pro se petitioner, the AG, the FPD, and the CJA Coordinator. (E-service to AG, FPD, CJA 10/20/2017; paper copy mailed to P at LCC 10/20/2017.) Clerk further shall provide copies of all prior filings herein to both the AG and FPD. (Regenerated NEFs #1-4 to AG and FPD on 10/20/2017.) Signed by Judge Howard D. McKibben on 10/20/2017. (Copies have been distributed pursuant to the NEF - DRM)
October 4, 2017 Opinion or Order Filing 3 ORDER denying ECF No. 1 Motion/Application for Leave to Proceed in forma pauperis; petitioner to have(30) days within which to either pay the $5.00 filing fee or file a new and properly completed application to proceed informa pauper is together with a properly executed financial certificate and an inmate account statement; if petitioner fails to either pay the filing fee or submit a properly completed application within (30) days, the action will be dismissed; Clerk to SEND petitioner two copies of a in forma pauperis application form wit instructions (mailed to petitioner on 10/05/2017). Signed by Judge Howard D. McKibben on 10/04/2017. (Copies have been distributed pursuant to the NEF - KW)
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Respondent: CCS Baker
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Respondent: Nevada Attorney General
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Petitioner: Rafael Reid
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