Rimer v. Baker et al
| Stanley Rimer |
| Renee Baker, Nevada Attorney General, Nevada, State of and Brian Sandoval |
| 3:2018cv00023 |
| January 16, 2018 |
| 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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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
83
ORDERED that Rimer's first amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 17 ) is denied. The motion for an evidentiary hearing (ECF No. 74 ) is denied. A certificate of appealability is granted for grounds 4 and 5 only, and is denied for Rimer's remaining grounds. Clerk is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 7/20/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
79
ORDER granting ECF No. 77 Motion to Extend Time. Respondents will have up to and including January 25, 2022, to file a response to the motion for an evidentiary hearing (ECF No. 74 ). Signed by Chief Judge Miranda M. Du on 1/25/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
76
ORDER granting ECF No. 75 Motion to Extend Time : Response to ECF No. 74 Motion for evidentiary hearing due by 1/18/2022. Signed by Chief Judge Miranda M. Du on 1/4/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
72
ORDER granting ECF No. 71 Motion to Extend Time : Rimer will have up to and including December 14, 2021, to file a reply to the answer (ECF No. 68 ). Signed by Chief Judge Miranda M. Du on 10/19/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
70
ORDER granting ECF No. 69 Motion to Extend Time : Reply to ECF No. 68 Answer due by 10/15/2021. Signed by Chief Judge Miranda M. Du on 8/17/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
67
ORDER granting ECF No. 66 Motion to Extend Time : Respondents'answer to the first amended petition (ECF No. 17 ) due by 6/30/2021. Signed by Chief Judge Miranda M. Du on 6/30/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
65
ORDER granting ECF No. 64 Motion to Extend Time (Fourth Request). Respondents will have up to and including June 29, 2021, to file an answer to the first amended petition (ECF No. 17 ). Signed by Chief Judge Miranda M. Du on 6/28/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
63
ORDER Granting unopposed Motion to Extend Time (third request) (ECF No. 62 ). Respondents have up to and including June 25, 2021, to file an answer to first amended petition (ECF No. 17 ). Signed by Chief Judge Miranda M. Du on 6/25/2021. (Copies have been distributed pursuant to the NEF - SMR)
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Filing
61
ORDER granting ECF No. 60 Motion to Extend Time (Second Request). Respondents will have up to and including June 18, 2021, to file an answer to the first amended petition (ECF No. 17 ). Signed by Chief Judge Miranda M. Du on 6/7/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
59
ORDER granting ECF No. 58 Motion to Extend Time. Respondents will have up to and including June 4, 2021, to file an answer to the First Amended Petition (ECF No. 17 ). Signed by Chief Judge Miranda M. Du on 4/16/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
57
ORDER - Respondents' Motion to Dismiss (ECF No. 27 ) is denied. The Court holds that Ground 1 is actually unexhausted, but is technically exhausted because it would be procedurally barred by the state courts. The Court defers con sideration of whether Petitioner can demonstrate cause and prejudice under Martinez v. Ryan, 566 U.S. 1 (2012), to overcome the procedural default of Ground 1 until after the filing of an answer and reply in this action. Within 45 days of entry of this order, Respondents must file an answer addressing all claims in the Amended Petition (ECF No. 17 ) on the merits, under a de novo standard of review as to Ground 1, and also addressing whether Ground 1 is barred by procedural default under federal law. Petitioner shall have 45 days from service of the answer within which to file a reply. Signed by Chief Judge Miranda M. Du on 2/17/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
55
ORDER granting ECF No. 54 Motion to Extend Time. Respondents will have up to and including January 22, 2021, to file a reply in support of their Motion to Dismiss (ECF No. 27 ). Signed by Chief Judge Miranda M. Du on 1/20/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
53
ORDER granting Respondents' ECF No. 52 Motion to Extend Time re ECF No. 27 Motion to Dismiss. Reply due by 1/19/2021. Signed by Chief Judge Miranda M. Du on 1/5/2021. (Copies have been distributed pursuant to the NEF - KR)
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Filing
51
ORDER granting ECF No. 50 Motion to Extend Time : Reply to ECF No. 43 Response re ECF No. 27 Motion to Dismiss due by 1/4/2021. Signed by Chief Judge Miranda M. Du on 12/7/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
49
ORDER - Respondents' unopposed motion for enlargement of time (ECF No. 48 ) is granted. Respondents will have up to and including December 4, 2020, to file a reply in support of their motion to dismiss. (ECF No. 27 .) on 11/5/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
47
ORDER granting ECF No. 46 Motion to Extend Time. Respondents will have up to and including November 4, 2020, to file a reply in support of their Motion to Dismiss (ECF No. 27 ). Signed by Chief Judge Miranda M. Du on 10/6/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
45
ORDER granting ECF No. 44 Motion to Extend Time : Reply to ECF No. 43 Response re ECF No. 27 Motion to Dismiss due by 10/5/2020. Signed by Chief Judge Miranda M. Du on 8/6/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
41
ORDER that Petitioner's unopposed motion for extension of time (first request) (ECF No. 40 ) is granted. Petitioner will have up to and including July 15, 2020, to file a response to the motion to dismiss (ECF No. 27 ). Signed by Chief Judge Miranda M. Du on 4/15/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
24
ORDER granting ECF No. 23 Motion to Extend Time : Answer/response to ECF No. 17 First Amended Petition due by 1/16/2020. Signed by Chief Judge Miranda M. Du on 12/4/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
20
ORDER - Answer/response to ECF No. 17 First Amended Petition due by 11/30/2019; reply due 45 days after service of answer. If Rs file a motion, P will have 45 days to respond; and Rs Reply due 21 days after service of response. Signed by Chief Judge Miranda M. Du on 10/1/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
15
ORDER granting ECF No. 14 Unopposed motion for extension of time (second request). Amended Petition for Writ of Habeas Corpus due by 6/28/2019. Signed by Judge Miranda M. Du on 4/3/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing
13
ORDER that Petitioner's unopposed motion for extension of time (first request) (ECF No. 12 ) is granted. Petitioner will have through March 16, 2019, to file an amended petition. Signed by Judge Miranda M. Du on 10/2/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
8
ORDER that the Clerk file the petition; Petitioner's motion for appointment of counsel (ECF No. 6 ) is granted and his duplicative motions for a copy of his petition (ECF Nos. 5 , 7 ) are denied as moot; FPD is provisionally app ointed to represent petitioner; FPD notice of appearance due by 7/19/2018; Clerk directed to add NV AG as counsel for respondents; Clerk directed to electronically serve NV AG and FPD a copy of the petition and a copy of this order (E-service on 6/19/2018); Respondents' notice of appearance due by 7/9/2018; paper copies of any electronically filed exhibits need not be provided to chambers or to the staff attorney, unless later directed by the Court. See Order for further details and instructions. Signed by Judge Miranda M. Du on 6/19/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
3
ORDER denying ECF No. 1 Motion/Application for Leave to Proceed in forma pauperis; payment of $5.00 filing fees due 2/17/2018; Clerk directed to send petitioner (2) copies of this order; petitioner to make arrangement to have (1) copy of this order attached to the check paying the filing fee. Signed by Judge Miranda M. Du on 1/18/2018. (Copies have been distributed pursuant to the NEF - KW)
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