Hermanson v. Baca et al
| James E. Hermanson |
| Isidro Baca and Nevada Attorney General |
| Adam P. Laxalt |
| 3:2017cv00721 |
| December 14, 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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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
55
ORDER - IT THEREFORE IS ORDERED that Hermanson's second amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 (ECF No. 21 ) is DENIED. IT FURTHER IS ORDERED that Hermanson is DENIED a certificate of appealability. IT FURTHER IS ORDERED that the Clerk of the Court shall substitute Fernandies Frazier for Respondent Isidro Baca. IT FURTHER IS ORDERED that the Clerk of the Court shall enter judgment accordingly and close this case. Signed by Judge Howard D. McKibben on 12/12/2022. (Copies have been distributed pursuant to the NEF - CJS)
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Filing
52
ORDER - Petitioner's motion to reopen this action (ECF No. 50 ) is GRANTED. Clerk of Court will reopen this action. Respondents will have 60 days to answer, or otherwise respond to, the amended petition for writ of habeas corpus i n this case (ECF No. 21 ) (response/answer due by 4/11/2022). Petitioner will have 60 days following service of the answer to file and serve a reply brief. See attached PDF Order for additional specifications. Signed by Judge Howard D. McKibben on 2/10/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
45
ORDER - Petitioner's unopposed Motion for Stay and Abeyance (ECF No. 44 ) is GRANTED. This action is STAYED pending exhaustion of the unexhausted claim in the second amended petition (ECF No. 21 ). Grant of a stay is conditione d upon Petitioner litigating his state postconviction petition or other appropriate proceeding in state court and returning to federal court to file a motion to reopen within forty-five (45) days of issuance of the remittitur. The clerk shall ADMINISTRATIVELY CLOSE this action, until such time as the court grants a motion to reopen the matter. McKibben on 8/8/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
43
ORDER that Respondents' motion to dismiss (ECF No. 31 ) is GRANTED IN PART and DENIED IN PART as follows: (1) Ground Three states a cognizable claim but is unexhausted; (2) Grounds 2, 4 and 5 are technically exhausted but procedurally defaulte d; Petitioner will have until 7/3/2019 to advise the court how he would like to proceed with his mixed petition by electing one of the options set forth herein order. Signed by Judge Howard D. McKibben on 6/3/2019. (Copies have been distributed pursuant to the NEF - LH) Modified on 6/3/2019 to link (LH).
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Filing
40
ORDER granting ECF No. 39 Unopposed Motion for Enlargement of Time re file reply to ECF No. 31 Motion to Dismiss. Petitioner's Reply due by 3/14/2019. 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 granting ECF No. 35 Motion to Extend Time : Response to ECF No. 31 Motion to Dismiss due by 2/6/2019. Signed by Judge Howard D. McKibben on 1/9/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
30
ORDER granting ECF No. 29 Motion for Enlargement of Time to file a response to ECF No. 21 Second Amended Petition for Writ of Habeas Corpus Respondents' response/answer due 12/26/2018. Signed by Judge Howard D. McKibben on 12/20/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
28
ORDER granting ECF No. 27 Motion for Enlargement of Time to respond to ECF No. 21 Second Amended Petition for Writ of Habeas Corpus. Respondent's response/answer due 12/20/2018. Signed by Judge Howard D. McKibben on 12/6/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
26
ORDER granting ECF No. 25 Unopposed Motion for Enlargement of Time to respond to ECF No. 21 Second Amended Petition for Writ of Habeas Corpus. Respondents' response/answer due 12/6/2018. Signed by Judge Howard D. McKibben on 10/24/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
24
ORDER that ECF No. 23 Respondents' unopposed motion for an extension of time to file a response to ECF No. 21 petitioner's second amended petition for writ of habeas corpus is granted. Response/answer due by 10/22/2018. Signed by Judge Howard D. McKibben on 9/7/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
20
ORDER that petitioner's motion for leave to file second amended petition ECF No. 19 and motion for leave to file Exhibits 52 and 53 under to seal ECF No. 18 are GRANTED; petitioner shall have up to and including 7/9/2018 to file second amended petition; respondents not required to respond to the first amended petition. Signed by Judge Howard D. McKibben on 3/19/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
12
ORDER that FPD through Jonathan M Kirshbaum is appointed as counsel for petitioner; amended petition due by 5/25/2018; Respondents' answer/response due within 60 days of service of an amended petition; petitioner may reply within < b>30 days from service of answer/response; any additional state court record exhibits filed herein; the parties must send hard copies of all exhibits in this case to Reno Clerk's Office. See Order for further details and instructions. Signed by Judge Howard D. McKibben on 1/25/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
10
ORDER that the Petitions for Writ of Mandamus ECF Nos. 6 / 9 are DENIED without prejudice; Clerk directed to SEND petitioner an additional copy of this order with a copy of the two Petitions for Writ of Mandamus (mailed on 01/18/2018). Signed by Judge Howard D. McKibben on 1/18/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
8
ORDER granting ECF No. 7 Motion to Extend Time. FPD to enter a notice of appearance by 2/2/2018. No additional extensions will be granted. Signed by Judge Howard D. McKibben on 1/8/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
3
ORDER that Petitioners IFP application ECF No. 1 is granted; Clerk directed to file ECF No. 1 -1 Petition; FPD appointed as counsel for petitioner; FPD notice of appearance due 1/14/18; Clerk directed to add NV AG as counsel for r espondents; Respondents' notice of appearance due 1/5/18; Clerk directed to send a copy of this order to petitioner, AG, FPD, and CJA Coordinator (e-service and hard copy on P on 12/15/17); Clerk directed to send all prior filings to AG and FPD (NEF nos. 1-2 regenerated 12/15/17). Signed by Judge Howard D. McKibben on 12/15/2017. (Copies have been distributed pursuant to the NEF - LH) Modified on 12/15/2017 to clarify service(LH).
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