LaChance v. Wickham et al
| Darren Gabriel LaChance |
| James Dzurenda, Adam Paul Laxalt and Harold Wickham |
| 3:2017cv00689 |
| November 22, 2017 |
| US District Court for the District of Nevada |
| Reno Office |
| William G. Cobb |
| Miranda M. Du |
| 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
41
ORDER - Petitioner Darren LaChance's petition for writ of habeas corpus (ECF No. 1 ) is granted in part and denied in part on the grounds remaining before the Court. Ground I(a) is granted as to the conviction for domestic battery by str angulation, as further specified below. Ground I(b) is denied and dismissed on the merits as to the conviction for domestic battery causing substantial bodily harm. Grounds II, III, and IV are dismissed with prejudice on the merits. LaChance's p etition for writ of habeas corpus (ECF No. 1 ) is conditionally granted in part as specified herein. A certificate of appealability is denied as to all grounds and/or partial grounds upon which the Court has denied relief. The Clerk of Court is directed to enter judgment, accordingly, conditionally granting the petition for a writ of habeas corpus (ECF No. 1 ) in part as provided in the first two disposition paragraphs above verbatim and close this case. The Clerk of Court is further d irected to substitute Perry Russell for Respondent Harold Wickham. The Clerk of Court is further directed to send a copy of this order and the judgment to the Clerk of the Second Judicial District Court, in connection with that court's Case No. CR12-1025 (certified copies mailed to SJDC on 9/15/2021). Signed by Chief Judge Miranda M. Du on 9/14/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
39
ORDER granting ECF No. 38 Motion to Extend Time. Petitioner has until July 27, 2020, to reply to Respondents' Answer (ECF No. 36 ). Signed by Chief Judge Miranda M. Du on 5/28/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
35
ORDERED that Respondents second Motion for Enlargement of Time (ECF No. 34 ) is granted. Respondents will have until May 18, 2020, to file an answer to the remaining claims of the Petition for writ of habeas corpus. Signed by Chief Judge Miranda M. Du on 5/1/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
33
ORDER that Respondents' first Motion for Enlargement of Time (ECF No. 32 ) is granted. Respondents have until May 4, 2020, to file an answer to the remaining claims of the petition for writ of habeas corpus. Signed by Chief Judge Miranda M. Du on 4/3/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
29
ORDER that Respondents' motion to dismiss certain grounds in the petition (ECF No. 17 ) is granted: Ground 5 is dismissed; Respondents' answer to the remaining grounds due by 4/3/2020; Petitioner's reply due 30 days following service of Respondents' answer; all other instructions set forth in the scheduling order (ECF No. 8 ) remain in effect. Signed by Chief Judge Miranda M. Du on 2/3/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
27
ORDER granting ECF No. 26 Motion to Extend Time : Response to ECF No. 17 Motion to Dismiss due by 7/8/2019. Signed by Judge Miranda M. Du on 5/7/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
16
ORDER granting ECF No. 15 Respondents' third motion for extension of time to answer/respond to ECF No. 1 Petition for Writ of Habeas Corpus. Respondents' answer/response due by March 18, 2019. Further extensions of time are unlikely to be granted absent a showing of good cause. Signed by Judge Miranda M. Du on 1/14/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
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ORDER granting ECF No. 12 Motion to Extend Time : Answer/response to petition due by 1/16/2019. Signed by Judge Miranda M. Du on 12/3/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
8
ORDER - Petitioner's second motion for appointment of counsel (ECF No. 5 ) is denied. Clerk shall informally E-serve AG with a copy of the petition and this order, along with regenerated notices of electronic filing of the remaining filings herein. (E-service of Petition (ECF No. 1 ) and remaining filings (ECF Nos. 2 - 7 ) via NEF regeneration on 8/3/2018.) Answer/response to petition due by 10/2/2018. Reply due 30 days thereafter. Respondents shall file a set of state cou rt exhibits, with index, as specified herein; and shall send hard copy to Reno Clerks Office. Clerk shall update Petitioner's current address on the docket sheet prior to issuing notices of electronic filing of this order. (See ECF No. 7 ) Signed by Judge Miranda M. Du on 8/3/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
6
ORDER that petitioner will have (30) days within which to send any additional material to be submitted in connection with ECF No. 5 Amended Motion for Appointment of Counsel. Signed by Judge Miranda M. Du on 6/29/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
4
ORDER that Petitioner's IFP Application (ECF No. 2 ) and his Motion for Appointment of Counsel (ECF No. 3 ) are denied without prejudice; petitioner will have until 6/22/2018 to dispatch a new and properly completed pauper applic ation with all required attachments along with a new motion for appointment of counsel; Clerk directed to send petitioner 2 copies of a pauper application form (mailed to petitioner on 4/23/2018. Signed by Judge Miranda M. Du on 4/23/2018. (Copies have been distributed pursuant to the NEF - LH)
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