Walker v. Baker et al
| Codie MS Walker |
| Nevada Attorney General and Renee Baker |
| 3:2018cv00154 |
| April 12, 2018 |
| US District Court for the District of Nevada |
| Reno Office |
| Carla Baldwin |
| Valerie P Cooke |
| Miranda M Du |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 55
ORDER of USCA, Ninth Circuit, as to ECF No. #53 Notice of Appeal. The request for a certificate of appealability is denied. Any pending motions are denied as moot. USCA Case No. 19-17107. (Copies have been distributed pursuant to the NEF - LW)
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| Filing 54 USCA Notice, Ninth Circuit, as to ECF No. #53 Notice of Appeal. A briefing schedule will not be set until the court determines whether a certificate of appealability should issue. USCA case number 19-17107 assigned. (Copies have been distributed pursuant to the NEF - KR) |
| Filing 53 NOTICE OF APPEAL as to ECF Nos. #51 Order and #52 Judgment by Petitioner Codie MS Walker. Filing fee $ 505 NOT PAID. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. Notice of appeal NEF and pacer docket sheet mailed to P. (LH) |
| Filing 52 JUDGMENT. Signed by Clerk of Court Debra K. Kempi on 10/3/2019. (Copies have been distributed pursuant to the NEF - KR) |
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Filing 51
ORDER dismissing ECF No. #11 Petition along with ECF No. #12 Statement of Additional Claims; denying a certificate of appealability; directing Clerk to enter judgment accordingly and close case. Signed by Chief Judge Miranda M. Du on 10/3/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing 50
ORDER that Respondents' motion to dismiss (ECF No. #21 ) is granted in part and denied in part as follows: Claims 4, 6-10 and 14 are unexhausted; Grounds 3 and 6 are dismissed as noncognizable on federal habeas review; and Claims 1, 2, 5, and 11 are dismissed as duplicative; Petitioner to have 30 days to inform this court, in a sworn declaration, either (1) that he wishes to formally and forever abandon the unexhausted grounds for relief, (2) that he wishes to dismiss this petition without prejudice in order to return to state court, or (3) file a motion for stay and abeyance; if Petitioner elects to abandon his unexhausted grounds, Respondents shall have 30 days from date of service of declaration to file an answer to petitioner's remaining grounds; Petitioner will have 30 days following service of Respondents' answer in which to file a reply; if Petitioner fails to respond to this order within the time permitted, this case may be dismissed; Respondents' first, second, and third motions for extension of time to file a responsive pleading (ECF Nos. #17 , #19 , #20 ) are all GRANTED nunc pro tunc; Respondents' motion for leave to file document under seal (ECF No. #26 ) is granted. Signed by Judge Miranda M. Du on 6/17/2019. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 49 NOTICE of Change of Deputy Attorney General on behalf of Respondents Renee Baker, Nevada Attorney General. Deputy Attorney General Ashley Alexandria Balducci terminated. (Berrett, Erica) |
| Filing 47 EXHIBIT Volume 24 of 24, Exhibits 204 to 214 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 204, #2 Exhibit 205, #3 Exhibit 206, #4 Exhibit 207, #5 Exhibit 208, #6 Exhibit 209, #7 Exhibit 210, #8 Exhibit 211, #9 Exhibit 212, #10 Exhibit 213, #11 Exhibit 214) (Balducci, Ashley) |
| Filing 46 EXHIBIT Volume 23 of 24, Exhibit 200, part 4 to Exhibit 203 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 200, part 4, #2 Exhibit 201, #3 Exhibit 202, #4 Exhibit 203) (Balducci, Ashley) |
| Filing 45 EXHIBIT Volume 22 of 24, Exhibit 200, part 3 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 200, part 3) (Balducci, Ashley) |
| Filing 44 EXHIBIT Volume 21 of 24, Exhibit 200, part 2 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 200, part 2) (Balducci, Ashley) |
| Filing 43 EXHIBIT Volume 20 of 24, Exhibit 196 to Exhibit 200, part 1 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 196, #2 Exhibit 197, #3 Exhibit 198, #4 Exhibit 199, #5 Exhibit 200, part 1) (Balducci, Ashley) |
| Filing 42 EXHIBIT Volume 19 of 24, Exhibit 170, part 5 to Exhibit 195 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 170, part 5, #2 Exhibit 171, #3 Exhibit 172, #4 Exhibit 173, #5 Exhibit 174, #6 Exhibit 175, #7 Exhibit 176, #8 Exhibit 177, #9 Exhibit 178, #10 Exhibit 179, #11 Exhibit 180, #12 Exhibit 181, #13 Exhibit 182, #14 Exhibit 183, #15 Exhibit 184, #16 Exhibit 185, #17 Exhibit 186, #18 Exhibit 187, #19 Exhibit 188, #20 Exhibit 189, #21 Exhibit 190, #22 Exhibit 191, #23 Exhibit 192, #24 Exhibit 193, #25 Exhibit 194, #26 Exhibit 195) (Balducci, Ashley) |
| Filing 41 EXHIBIT Volume 18 of 24, Exhibit 170, part 4 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 170, part 4) (Balducci, Ashley) |
| Filing 40 EXHIBIT Volume 17 of 24, Exhibit 170, part 3 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 170, part 3) (Balducci, Ashley) |
| Filing 39 EXHIBIT Volume 16, Exhibit 170, part 2 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 170, part 2) (Balducci, Ashley) |
| Filing 38 EXHIBIT Volume 15 of 24, Exhibit 170, part 1 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 170, part 1) (Balducci, Ashley) |
| Filing 37 EXHIBIT Volume 14 of 24, Exhibit 159, part 5 to Exhibit 169 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 159, part 5, #2 Exhibit 160, #3 Exhibit 161, #4 Exhibit 162, #5 Exhibit 163, #6 Exhibit 164, #7 Exhibit 165, #8 Exhibit 166, #9 Exhibit 167, #10 Exhibit 168, #11 Exhibit 169) (Balducci, Ashley) |
| Filing 36 EXHIBIT Volume 13 of 24, Exhibit 159, part 4 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 159, part 4) (Balducci, Ashley) |
| Filing 35 EXHIBIT Volume 12 of 24, Exhibit 159, part 3 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 159, part 3) (Balducci, Ashley) |
| Filing 34 EXHIBIT Volume 11 of 24, Exhibit 159, part 2 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 159, part 2) (Balducci, Ashley) |
| Filing 33 EXHIBIT Volume 10 of 24, Exhibit 159, part 1 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 159, part 1) (Balducci, Ashley) |
| Filing 32 EXHIBIT to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 116, #2 Exhibit 117, #3 Exhibit 118, #4 Exhibit 119, #5 Exhibit 120, #6 Exhibit 121, #7 Exhibit 122, #8 Exhibit 123, #9 Exhibit 124, #10 Exhibit 125, #11 Exhibit 126, #12 Exhibit 127, #13 Exhibit 128, #14 Exhibit 129, #15 Exhibit 130, #16 Exhibit 131, #17 Exhibit 132, #18 Exhibit 133, #19 Exhibit 134, #20 Exhibit 135, #21 Exhibit 136, #22 Exhibit 137, #23 Exhibit 138, #24 Exhibit 139, #25 Exhibit 140, #26 Exhibit 141, #27 Exhibit 142, #28 Exhibit 143, #29 Exhibit 144, #30 Exhibit 145, #31 Exhibit 146, #32 Exhibit 147, #33 Exhibit 148, #34 Exhibit 149, #35 Exhibit 150, #36 Exhibit 151, #37 Exhibit 152, #38 Exhibit 153, #39 Exhibit 154, #40 Exhibit 155, #41 Exhibit 156, #42 Exhibit 157, #43 Exhibit 158) (Balducci, Ashley) |
| Filing 31 EXHIBIT Volume 8 of 24, Exhibits 78 to 115 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 78, #2 Exhibit 79, #3 Exhibit 80, #4 Exhibit 81, #5 Exhibit 82, #6 Exhibit 83, #7 Exhibit 84, #8 Exhibit 85, #9 Exhibit 86, #10 Exhibit 87, #11 Exhibit 88, #12 Exhibit 89, #13 Exhibit 90, #14 Exhibit 91, #15 Exhibit 92, #16 Exhibit 93, #17 Exhibit 94, #18 Exhibit 95, #19 Exhibit 96, #20 Exhibit 97, #21 Exhibit 98, #22 Exhibit 99, #23 Exhibit 100, #24 Exhibit 101, #25 Exhibit 102, #26 Exhibit 103, #27 Exhibit 104, #28 Exhibit 105, #29 Exhibit 106, #30 Exhibit 107, #31 Exhibit 108, #32 Exhibit 109, #33 Exhibit 110, #34 Exhibit 111, #35 Exhibit 112, #36 Exhibit 113, #37 Exhibit 114, #38 Exhibit 115) (Balducci, Ashley) |
| Filing 30 EXHIBIT Volume 7 of 24, Exhibits 59 to 77 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 59, #2 Exhibit 60, #3 Exhibit 61, #4 Exhibit 62, #5 Exhibit 63, #6 Exhibit 64, #7 Exhibit 65, #8 Exhibit 66, #9 Exhibit 67, #10 Exhibit 68, #11 Exhibit 69, #12 Exhibit 70, #13 Exhibit 71, #14 Exhibit 72, #15 Exhibit 73, #16 Exhibit 74, #17 Exhibit 75, #18 Exhibit 76, #19 Exhibit 77) (Balducci, Ashley) |
| Filing 29 EXHIBIT Volume 6 of 24, Exhibits 54 to 58 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 54, #2 Exhibit 55, #3 Exhibit 56, #4 Exhibit 57, #5 Exhibit 58) (Balducci, Ashley) |
| Filing 28 EXHIBIT Volume 5 of 24, Exhibits 44 to 53 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 44, #2 Exhibit 45, #3 Exhibit 46, #4 Exhibit 47, #5 Exhibit 48, #6 Exhibit 49, #7 Exhibit 50, #8 Exhibit 51, #9 Exhibit 52, #10 Exhibit 53) (Balducci, Ashley) |
| Filing 26 MOTION for Leave to File Under Seal re #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General.. (Balducci, Ashley) |
| Filing 25 EXHIBIT Volume 4 of 24, Exhibits 38 to 43 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 38, #2 Exhibit 39, #3 Exhibit 40, #4 Exhibit 41, #5 Exhibit 42, #6 Exhibit 43) (Balducci, Ashley) |
| Filing 24 EXHIBIT Volume 3 of 24, Exhibits 12 to 37 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17, #7 Exhibit 18, #8 Exhibit 19, #9 Exhibit 20, #10 Exhibit 21, #11 Exhibit 22, #12 Exhibit 23, #13 Exhibit 24, #14 Exhibit 25, #15 Exhibit 26, #16 Exhibit 27, #17 Exhibit 28, #18 Exhibit 29, #19 Exhibit 30, #20 Exhibit 31, #21 Exhibit 32, #22 Exhibit 33, #23 Exhibit 34, #24 Exhibit 35, #25 Exhibit 36, #26 Exhibit 37) (Balducci, Ashley) |
| Filing 23 EXHIBIT Volume 2 of 24, Exhibits 3 to 11 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11) (Balducci, Ashley) |
| Filing 22 EXHIBIT Volume 1 of 24, Exhibits 1 to 2 to #21 Motion to Dismiss by Respondents Renee Baker, Nevada Attorney General. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Balducci, Ashley) |
| Filing 21 MOTION to Dismiss #12 Notice (Other), #11 Petition for Writ of Habeas Corpus by Respondents Renee Baker, Nevada Attorney General. Responses due by 2/18/2019. (Balducci, Ashley) |
| Filing 20 MOTION to Extend Time (Third Request) re #12 Notice (Other), #11 Petition for Writ of Habeas Corpus by Respondents Renee Baker, Nevada Attorney General. (Balducci, Ashley) |
| Filing 19 MOTION to Extend Time (Second Request) re #12 Notice (Other), #11 Petition for Writ of Habeas Corpus by Respondents Renee Baker, Nevada Attorney General. (Balducci, Ashley) |
| Filing 18 NOTICE of Change of Deputy Attorney General on behalf of Respondents Renee Baker, Nevada Attorney General. Deputy Attorney General Amanda C Sage terminated. (Balducci, Ashley) |
| Filing 17 MOTION to Extend Time (First Request) re #11 Petition for Writ of Habeas Corpus by Respondents Renee Baker, Nevada Attorney General. (Sage, Amanda) |
| Filing 16 CLERK'S NOTICE - due to the retirement of Magistrate Judge Valerie P. Cooke, this case is reassigned to Magistrate Judge Carla Baldwin Carry for all further proceedings. All further documents must bear the correct case number 3:18-cv-00154-MMD-CBC. (no image attached) (KW) |
| Filing 15 NOTICE of Change of Address, by Petitioner Codie MS Walker. Old: NNCC. New: Southern Desert. (KR) |
| Filing 14 NOTICE of Change of Address by Petitioner Codie MS Walker. Old address LCC. New address NNCC. (DRM) |
| Filing 13 NOTICE of Appearance by attorney Amanda C Sage on behalf of Respondents Renee Baker, Nevada Attorney General. (Sage, Amanda) |
| Filing 12 STATEMENT OF ADDITIONAL CLAIMS re ECF No. #11 Petition for Writ of Habeas Corpus, filed by Codie MS Walker. (filed per ECF No. #10 Order).(KW) |
| Filing 11 PETITION for Writ of Habeas Corpus, filed by Codie MS Walker (filed per ECF No. #10 Order). (KW) |
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Filing 10
ORDER directing the Clerk to file and e-serve the petition for a writ of habeas corpus ECF No. #1 -1 and the statement of additional claims ECF No. #3 on respondents (e-served NV AG on 06/22/2018); respondents will have until 09/20/2018 to answer or otherwise respond to the petition; petitioner will have (45) days from the date on which the answer is served to file a reply; any exhibits filed by the parties must be filed with a separate index of exhibits identifying the exhibits by number; hard copy of all exhibits must be forwarded to the staff attorney in Reno at address indicated in order; petitioner's motion for appointment of counsel ECF No. #5 is denied; petitioner's motion for enlargement of time to pay the filing fee ECF No. #7 is granted nunc pro tunc. (See Order for further details and information). Signed by Judge Miranda M. Du on 6/22/2018. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 9 RECEIPT of Payment: $ 5.00, receipt number NVRNO004155. (no image attached) (KW) |
| Filing 8 LETTER - Empty envelope (flap unsealed) received from Codie MS Walker. (DRM) |
| Filing 7 MOTION for Enlargement of Time re ECF No. #6 Order, by Petitioner Codie MS Walker. (LH) |
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Filing 6
ORDER that Petitioner's motion for leave to proceed in forma pauperis (ECF No. #4 ) is denied; Petitioner has until 6/6/2018 to have the $5 filing fee sent to the Clerk; failure to do so may result in the dismissal of this action; Clerk directed to retain the petition but not file it at this time. Signed by Judge Miranda M. Du on 5/7/2018. (Copies have been distributed pursuant to the NEF - LH)
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| Filing 5 MOTION Request for Appointment of Counsel by Petitioner Codie MS Walker. (LH) |
| Filing 4 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Codie MS Walker. (LH) |
| Filing 3 STATEMENT OF ADDITIONAL CLAIMS re ECF No. #1 -1 petition, filed by Codie MS Walker. (KW) |
| Filing 2 NOTICE from USDC advising case against Baker, et al., has been received and assigned case number 3:18-cv-00154. (DRM) |
| Filing 1 NOTICE No IFP Application of Filing Fee Received with Initiating Documents/Petition/Complaint by Codie MS Walker. (Attachments: #1 Petition) (DRM) |
| Case assigned to District Judge Miranda M. Du and Magistrate Judge Valerie P. Cooke. (WJ) |
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