Nelson v. Warden Filson et al
Petitioner: Charles Nelson
Respondent: Nevada Attorney General and Warden Filson
Case Number: 3:2018cv00029
Filed: January 19, 2018
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Valerie P. Cooke
Presiding Judge: Robert C. Jones
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
June 14, 2022 Opinion or Order Filing 61 ORDERED that Mario D. Valencia's Motion to Withdraw (ECF No. 60 ) is GRANTED. Mario D. Valencia is discharged from his representation of the petitioner in this case. IT IS FURTHER ORDERED that the Court will, by separate order, appoi nt other counsel to represent the petitioner in this case. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 25(d), William Reubart is substituted for William Gittere as the respondent warden. The Clerk of the Court is directed to update the docket to reflect this change. Signed by Judge Robert C. Jones on 6/14/2022.; (Copies have been distributed pursuant to the NEF - DRM)
March 30, 2021 Opinion or Order Filing 55 ORDERED that Petitioner's motion for extension of time (ECF No. 54 ) is GRANTED. Petitioner will have until and including April 6, 2021, to file a reply in support of his motion for evidentiary hearing (ECF No. 48 ). IT IS FURTHER ORDERED that, in all other respects, the schedule for further proceedings set forth in the order filed March 12, 2019 (ECF No. 22 ) will remain in effect. Signed by Judge Robert C. Jones on 3/30/2021. (Copies have been distributed pursuant to the NEF - DRM)
January 4, 2021 Opinion or Order Filing 50 ORDER granting ECF No. 49 Motion to Extend Time. Respondents have to and including March 5, 2021, to reply in support of the Motion to Dismiss (ECF No. 44 ). Respondents have to and including March 5, 2021, to respond to the Motion for an Evidentiary Hearing (ECF No. 48 ). Signed by Judge Robert C. Jones on 1/4/2021. (Copies have been distributed pursuant to the NEF - AB)
November 24, 2020 Opinion or Order Filing 46 ORDER granting ECF No. 45 Motion to Extend Time. Petitioner's Response to the Motion to Dismiss (ECF No. 44 ) is due by December 28, 2020. Signed by Judge Robert C. Jones on 11/24/2020. (Copies have been distributed pursuant to the NEF - AB)
April 28, 2020 Opinion or Order Filing 41 ORDER - Petitioner's Motion (ECF No. 40 ) is GRANTED. Petitioner will have until and including July 31, 2020, to file his Second Amended Habeas Petition. In all other respects, the schedule for further proceedings set forth in the ECF No. 22 Order will remain in effect. Signed by Judge Robert C. Jones on 4/28/2020. (Copies have been distributed pursuant to the NEF - AB)
January 23, 2020 Opinion or Order Filing 39 ORDER - Petitioner's motion for extension of time (ECF No. 38 ) is GRANTED. Petitioner will have until and including April 6, 2020, to file his second amended habeas petition.In all other respects, the schedule for further proceedings set forth in the order entered March 12, 2019 (ECF No. 22 ) will remain in effect. Signed by Judge Robert C. Jones on 1/23/2020. (Copies have been distributed pursuant to the NEF - AB)
October 7, 2019 Opinion or Order Filing 37 ORDER GRANTING ECF No. 35 Motion to Extend Time : Second Amended Petition due by 1/6/2020. I all other respects, the schedule for further proceedings set forth in the order entered March 12, 2019 (ECF No. 22 ) will remain in effect. Signed by Judge Robert C. Jones on 10/7/2019. (Copies have been distributed pursuant to the NEF - DRM)
July 8, 2019 Opinion or Order Filing 33 ORDER that Petitioner's motion for extension of time (ECF No. 32 ) is granted; Second amended habeas petition due by 10/8/2019; in all other respects, the schedule for further proceedings set forth in the order entered March 12, 2019 (ECF No. 22 ) will remain in effect. Signed by Judge Robert C. Jones on 7/8/2019. (Copies have been distributed pursuant to the NEF - LH)
April 16, 2019 Opinion or Order Filing 31 ORDER that Respondents' Motion to Dismiss ECF No. 24 is DENIED without prejudice; Respondents' Motion for Leave to File Exhibit Under Seal ECF No. 29 is GRANTED; exhibit has already been filed under seal ECF No. 30 ,no further action is necessary in this regard. Signed by Judge Robert C. Jones on 4/16/2019. (Copies have been distributed pursuant to the NEF - KW)
February 26, 2019 Opinion or Order Filing 21 ORDER granting ECF No. 20 Motion to Withdraw as Attorney : Mary Lou Wilson withdrawn from the case. New counsel to be appointed by separate order. The schedule set forth in ECF No. 19 Order is vacated. Signed by Judge Robert C. Jones on 2/26/2019. (Copies have been distributed pursuant to the NEF - DRM)
January 14, 2019 Opinion or Order Filing 19 ORDER that the schedule for further proceedings in this action shall be as outlined herein; Clerk directed to substitute William Gittere for Timothy Filson, on the docket for this case, as the respondent warden. See order pdf for further details and instructions. Signed by Judge Robert C. Jones on 1/14/2019. (Copies have been distributed pursuant to the NEF - LH)
September 5, 2018 Opinion or Order Filing 16 ORDER that petitioner's Motion for Extension of Time (ECF No. 15 ) is GRANTED; Amended Petition due by 12/3/2018; the Court will establish a schedule for further proceedings in this action after petitioner files his amended petition. Signed by Judge Robert C. Jones on 9/5/2018. (Copies have been distributed pursuant to the NEF - LH)
June 18, 2018 Opinion or Order Filing 13 ORDER GRANTING ECF No. 11 Motion to Extend Time : Amended Petition due by 9/4/2018. Signed by Judge Robert C. Jones on 6/18/2018. (Copies have been distributed pursuant to the NEF - DRM)
March 6, 2018 Opinion or Order Filing 9 ORDERED that the FPD is discharged from their representation of the petitioner in this action. CJA Mary Lou Wilson is appointed to represent the petitioner. Clerk shall update the docket for this case to reflect this change in the representat ion of the petitioner. Clerk of the Court shall serve this order on the following: - the respondents; - the FPD; - Mary Lou Wilson, and the petitioner (along with a copy of his habeas petition (ECF No. 1 -1). (E-service to all counsel; and copie s mailed to P at ESP, on 3/6/2018.) Petitioner shall pay the $5.00 filing fee by 3/26/2018. Amended petition, or a notice stating that amendment of the petition is unnecessary, is due by 6/4/2018. The Court will establish a schedule for further proceedings in this action after petitioner pays the filing fee and files either an amended petition, or a notice that amendment unnecessary.(Copies have been distributed pursuant to the NEF - DRM)
February 6, 2018 Opinion or Order Filing 5 ORDER - IFP Application (ECF No. 1 ) is DENIED. Motion for Counsel (ECF No. 1 -2) is GRANTED. FPD is appointed to represent P. Motion for Evidentiary Hearing (ECF No. 1 - 2) is denied without prejudice. Clerk shall E-serve FPD this or der and copy of P's WHC Petition (ECF No. 1 -1). (E-service 2/6/2018; copy of Petition attached hereto.) FPD shall file notice of appearance by 3/ 8/2018. Clerk shall add AG as counsel for Rs. Clerk shall E-serve Rs this order and copy of P� 39;s WHC Petition (ECF No. 1 -1). (E-service 2/6/2018; copy of Petition attached hereto.) Rs shall appear in this action by 3/8/2018. Signed by Judge Robert C. Jones on 2/6/2018. (Attachments: # 1 Copy of Petition for WHC) (Copy of Order mailed to P at ESP 2/6/2018.)(Copies have been distributed pursuant to the NEF - DRM)
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Petitioner: Charles Nelson
Represented By: Megan Hoffman
Represented By: Rene Valladares
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Respondent: Nevada Attorney General
Represented By: Heather D. Procter
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Respondent: Warden Filson
Represented By: Heather D. Procter
Represented By: Adam P. Laxalt
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