Smith v. Baker et al
| Shaylon Smith |
| Warden Baker and Nevada Attorney General |
| 3:2017cv00579 |
| September 20, 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
55
ORDER - Respondents' Motion to Dismiss (ECF No. 30 ) is granted. Smith's Amended Petition for Writ of Habeas Corpus (ECF No. 19 ) is dismissed with prejudice as time-barred.A certificate of appealability is denied. Clerk is instructed to enter final judgment accordingly, in favor of Respondents and against Smith, dismissing this action with prejudice and close this case. Signed by Chief Judge Miranda M. Du on 3/17/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
54
ORDER that Respondents' unopposed motion for enlargement of time (ECF No. 51 ) to file a reply in support of their motion to dismiss is granted nunc pro tunc to July 24, 2019. Respondents' reply, filed on July 26, 2019, is therefore deemed timely. Signed by Judge Miranda M. Du on 7/31/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
49
ORDER that Respondents' Motion for Leave to File Exhibits Under Seal (ECF No. 40 ) is granted in part and denied in part as follows: 1. Exhibits 185 and 186 (ECF Nos. 45 -1, 45 -2) are considered properly filed under seal. 2. The Clerk of Court shall UNSEAL Exhibits 246, 247, 248, 249, 250, 259, and 260 (ECF Nos. 45 -3, 45 -4, 45 -5, 45 -6, 45 -7, 45 -8, 45 -9). Signed by Judge Miranda M. Du on 6/21/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
48
ORDER granting ECF No. 47 Motion to Extend Time : Petitioner will have until July 12, 2019, to either oppose respondents' ECF No. 30 motion to dismiss or move for leave to amend the petition. Signed by Judge Miranda M. Du on 5/20/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
46
ORDER that Respondents' motion for enlargement of time (ECF No. 31 ) is granted nunc pro tunc to May 3, 2019. Respondents' exhibits filed on May 6, 2019, are accordingly deemed timely filed. Signed by Judge Miranda M. Du on 5/6/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
29
ORDER granting ECF No. 28 Motion to Extend Time : Answer/response to ECF No. 19 Amended petition due by 5/3/2019. Signed by Judge Miranda M. Du on 3/4/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
26
ORDER that counsel's motion to withdraw ECF No. 25 is granted; Ms. Wilson is terminated as counsel of record for Petitioner; Clerk directed to forward coy of order to CJA Coordinator to secure a replacement panel attorney (e-service on 2/15/2019); Clerk directed to send hard copy of order to petitioner at his institutional address (mailed on petitioner 2/15/2019) Signed by Judge Miranda M. Du on 2/15/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
24
ORDER granting ECF No. 23 Respondents' second unopposed motion for extension of time to file an answer/response to ECF No. 19 Amended Petition for Writ of Habeas Corpus. Respondents answer/response due by March 4, 2019. Signed by Judge Miranda M. Du on 1/14/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
21
ORDER granting ECF No. 20 Motion for Extension of Time to respond to ECF No. 19 Amended Petition for Writ of Habeas Corpus. Respondents response/answer due 1/16/2019. Signed by Judge Miranda M. Du on 11/5/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
17
ORDER that Petitioner's motion for extension of time to file a counseled Amended Habeas Petition (ECF No. 16 ) is granted; Amended Petition due by 9/7/2018. Signed by Judge Miranda M. Du on 6/11/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
14
ORDER that ECF No. 13 motion to withdraw FPD as counsel for petitioner is granted; Mary Lou Wilson, Esq. is appointed as counsel for petitioner; amended petition due by 6/8/2018; respondents to file a response/answer to the amended pe tition within 60 days of service; petitioner may file a reply within 30 days from service of the answer; any additional state court record exhibits filed herein; Clerk directed to provide counsel with a single set of electronic copies of all prior fi lings upon request; Clerk directed to send petitioner a copy of this order at the last institutional address in the record (mailed to petitioner at LCC on 2/8/2018). See Order for further details and instructions. Signed by Judge Miranda M. Du on 2/8/2018.(Copies have been distributed pursuant to the NEF - LH)
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Filing
12
ORDER granting ECF No. 11 Motion for Extension of Time. Notice of appearance or otherwise respond to the prior order ECF No. 9 is extended to is 1/29/2018. Signed by Judge Miranda M. Du on 1/26/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
4
ORDER that petitioner's application to proceed in forma pauperis ECF No. 1 is denied as moot following upon his payment of the filing fee ECF No. 3 ; Clerk directed to file the petition and accompanying papers; petitioner must show cause in writing why the petition should not be dismissed with prejudice as time barred by 11/05/2017; if petitioner does not timely respond to this order, the petition will be dismissed with prejudice without further advance notice; if petiti oner responds but fails to show with specific, detailed and competent evidence why the petition should not be dismissed as untimely, the action will be dismissed with prejudice; all assertions of fact made by petitioner in response to this show-cau se order must be detailed, must be specific as to time and place, and must be supported by competent evidence; petitioner must attach copies of all materials upon which he bases his argument that the petition should not be dismissed as untimely; unsupported assertions of fact will be disregarded. Signed by Judge Miranda M. Du on 10/06/2017. (Copies have been distributed pursuant to the NEF - KW)
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