Diaz vs Filson et al
Petitioner: Jessie Matthew Diaz
Respondent: Timothy Filson and Nevada Attorney General
Case Number: 3:2017cv00570
Filed: September 18, 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
July 20, 2020 Opinion or Order Filing 28 ORDER - The Petition (ECF No. 1 ) is DENIED. This action is therefore DISMISSED WITH PREJUDICE. Diaz is DENIED a Certificate of Appealability.Clerk shall enter final judgment accordingly and close this case. Signed by Judge Howard D. McKibben on 7/20/2020. (Copies have been distributed pursuant to the NEF - AB)
October 11, 2019 Opinion or Order Filing 23 ORDER directing the Clerk to send petitioner a copy of the docket sheet in this action and a copy of ECF No. 18 respondents' answer; sua sponte granting petitioner an extension of time to and including October 31, 2019, to file any reply to the answer. Signed by Judge Howard D. McKibben on 10/11/2019. (Copy of docket sheet and answer mailed to P on 10/11/2019). (Copies have been distributed pursuant to the NEF - LH)
October 2, 2018 Opinion or Order Filing 16 ORDERED that petitioner's motions for status check (ECF No. 11 ,ECF No. 15 ) are DENIED as moot. Signed by Judge Howard D. McKibben on 10/2/2018. (Copies have been distributed pursuant to the NEF - DRM)
September 10, 2018 Opinion or Order Filing 14 ORDERED that respondents' motion to dismiss (ECF No. 5 ) is GRANTED in part with respect to grounds 2 and 3. FURTHER ORDERED that petitioner shall have until 10/10/2018 to : (1) inform this court in a sworn declaration that he wishe s to dismiss grounds 2 and 3 of his petition (ECF No. 1 ), and proceed only on the remaining grounds for relief, or, (2) inform this court in a sworn declaration that he wishes to dismiss his petition (ECF No. 1 ) to return to state cou rt to exhaust his state remedies with respect to the claims set out in grounds 2 and 3 of his petition (ECF No. 1 ), or, (3) move to stay this action. FURTHER ORDERED that if petitioner elects to dismiss the aforementioned grounds o f his petition (ECF No. 1 ) and proceed on the remaining ground, respondents shall file and serve an answer within 45 days after petitioner serves his declaration dismissing those grounds. Petitioner shall have 45 days from the date on which the answer is served to file and serve a reply. Signed by Judge Howard D. McKibben on 9/10/2018. (Copies have been distributed pursuant to the NEF - DRM)
November 13, 2017 Opinion or Order Filing 3 ORDER that the Clerk add AG as counsel for respondents; Clerk to e-serve respondents a copy of the petition ECF No. 1 and this order (NEF regenerated and e-served on 11/13/2017) and send copy of petition to petitioner (mailed on 11/13/2017); respon dents have (45) days to answer/respond to ECF No. 1 Petition for Writ of Habeas Corpus; hard copy of any electronically filed exhibits shall beforwardedfor this caseto the staff attorneys in Las Vegas. Signed by Judge Howard D. McKibben on 11/13/2017. (Copies have been distributed pursuant to the NEF - KW)
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Petitioner: Jessie Matthew Diaz
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Respondent: Timothy Filson
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Respondent: Nevada Attorney General
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