Hunter v. Baca et al
Petitioner: Leo Hunter
Respondent: Isidro Baca and Nevada Attorney General
Case Number: 3:2018cv00166
Filed: April 19, 2018
Court: US District Court for the District of Nevada
Office: Reno Office
Presiding Judge: Valerie P. Cooke
Presiding Judge: Howard D. McKibben
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
May 6, 2022 Opinion or Order Filing 51 ORDER granting ECF No. 50 Motion to Extend Time. Petitioner will have up to and including July 1, 2022, to file an opposition to the motion to dismiss (ECF No. 49 ). Signed by Judge Howard D. McKibben on 5/6/2022. (Copies have been distributed pursuant to the NEF - HKL)
March 7, 2022 Opinion or Order Filing 48 ORDER - Respondents' unopposed motion for enlargement of time (first request) (ECF No. 47 ) is GRANTED. Respondents will have up to and including April 21, 2022, to file and serve a response to the amended petition (ECF No. 40 ). Signed by Judge Howard D. McKibben on 3/7/2022. (Copies have been distributed pursuant to the NEF - HKL)
January 12, 2022 Opinion or Order Filing 46 ORDER granting ECF No. 45 Request for Clarification of Order entered 1/5/2022 (ECF No. 44 ). Respondents will have up to and including March 7, 2022, to file an answer or other response to the amended petition (ECF No. 40 ). The court's scheduling order of May 11, 2020 (ECF No. 30 ) remains in effect for briefing subsequent to the answer or other response. Signed by Judge Howard D. McKibben on 1/12/2022. (Copies have been distributed pursuant to the NEF - HKL)
January 5, 2022 Opinion or Order Filing 44 ORDERED that petitioner's motion to reopen (ECF No. 39 ) is GRANTED. The clerk of the court is directed to reopen this action and to lift the stay. IT FURTHER IS ORDERED that the court's order of May 11, 2020 (ECF No. 30 ) re mains in effect for potential responses to the amended petition (ECF No. 40 ) and subsequent briefing. IT FURTHER IS ORDERED that petitioner's motion for leave to file exhibits under seal (ECF No. 43 ) is GRANTED. Signed by Judge Howard D. McKibben on 1/5/2022.(Copies have been distributed pursuant to the NEF - DRM)
November 9, 2020 Opinion or Order Filing 35 ORDER - Petitioner's Motion for Stay (ECF No. 34 ) is granted. This action is stayed until Petitioner is ready to file his Amended Petition. Petitioner or Respondents otherwise may move to reopen the action and seek any relief app ropriate under the circumstances. Petitioner shall file a status report regarding the case every one hundred twenty (120) days from the date this order is entered, until he moves to reopen this action. The Clerk shall administratively close this action until such time as the Court grants a Motion to Reopen the action. Signed by Judge Howard D. McKibben on 11/9/2020. (Copies have been distributed pursuant to the NEF - AB)
August 25, 2020 Opinion or Order Filing 33 ORDER granting ECF No. 32 Motion to Extend Time. Petitioner will have up to and including November 9, 2020, to file an Amended Petition. Signed by Judge Howard D. McKibben on 8/25/2020. (Copies have been distributed pursuant to the NEF - AB)
May 11, 2020 Opinion or Order Filing 30 ORDER - Petitioner's Motion to Proceed (ECF No. 26 ) is GRANTED. Clerk will reopen this action and lift the stay. The Motion for Appointment of Federal Public Defender as counsel for Petitioner (ECF No. 27 ) is GRANTED. Petitione r shall have one hundred twenty (120) days from the entry of this order within which to file an amended petition and/or seek other appropriate relief. Respondents shall file a response to the amended petition, including potentially a motion to dismiss, within sixty (60) days of service of an amended petition and that Petitioner may file a reply within thirty (30) days of service of an answer. Any procedural defenses raised by Respondents to the counseled amended petition sha ll be raised together in a single consolidated motion to dismiss. Notwithstanding Local Rule LR IC 2-2(g), 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 PDF image for additional details). Signed by Judge Howard D. McKibben on 5/11/2020. (Copies have been distributed pursuant to the NEF - AB)
December 9, 2019 Opinion or Order Filing 25 ORDERED that petitioner's motion for stay (ECF No. 23 ) is GRANTED. This action is STAYED pending exhaustion of the unexhausted claims. Petitioner shall return to this court with a motion to reopen within forty-five (45) da ys of issuance of the remittitur. Clerk of court shall administratively close this action until such time as the court grants a motion to reopen the action. Signed by Judge Howard D. McKibben on 12/9/2019. (Copies have been distributed pursuant to the NEF - DRM)
September 26, 2019 Opinion or Order Filing 22 ORDERED that respondents' motion to dismiss (ECF No. 14 ) is GRANTED in part with respect to grounds 1(A), 1(B), 1(D), and 1(E) of the petition (ECF No. 8 ) and with respect to the supplemental petition (ECF No. 3 ). The supplement al petition (ECF No. 3 ) is DISMISSED because it does not state any claims for relief. The motion to dismiss (ECF No. 14 ) is DENIED in part with respect to ground 1(C) of the petition (ECF No. 8 ). Petitioner shall have until 10 /26/2019 to inform this court in a sworn declaration that he wishes to dismiss grounds specified herein, or, inform this court in a sworn declaration that he wishes to dismiss his petition (ECF No. 8 ) to return to state court to exhaust as to specified claims. (See pdf order for additIonal contingent deadlines.) Respondents' motion for leave to file presentence investigation report in camera and under seal (ECF No. 20 ) is GRANTED. Signed by Judge Howard D. McKibben on 9/26/2019. (Copies have been distributed pursuant to the NEF - DRM)
September 6, 2018 Opinion or Order Filing 13 ORDER granting ECF No 11 Motion for Enlargement of Time to file response ECF No. 8 Petition for Writ of Habeas Corpus. Respondents response/answer due 12/5/2018. Signed by Judge Howard D. McKibben on 9/6/2018. (Copies have been distributed pursuant to the NEF - KW)
June 18, 2018 Opinion or Order Filing 4 ORDER DENYING ECF No. 1 IFP Application. Payment of filing fees due 7/18/2018. Clerk shall send P two copies this Order. (Mailed to P 6/18/2018) P shall arrange return of one copy with payment. Signed by Judge Howard D. McKibben on 6/18/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Respondent: Isidro Baca
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Respondent: Nevada Attorney General
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Petitioner: Leo Hunter
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