Hunter v. Baca et al
| Leo Hunter |
| Isidro Baca and Nevada Attorney General |
| 3:2018cv00166 |
| April 19, 2018 |
| 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
66
ORDERED that Respondents' unopposed motion for extension of time (ECF No. 65 ) is GRANTED. Respondents will have up to and including April 19, 2024, to file their answer to the remaining claims in the amended petition (ECF No. 40 ). Signed by Judge Howard D. McKibben on 3/6/2024. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
64
ORDER - IT IS THEREFORE ORDERED that Respondents' motion to dismiss (ECF No. 58 ) is granted, in part, as follows: (1) ground 2 is dismissed as untimely and (2) grounds 1(a) and 1(b) are dismissed as procedurally defaulted. IT IS FUR THER ORDERED that, pursuant to this Court's scheduling order (ECF No. 30 ), Respondents have 60 days from the date of this order(3/5/2024) in which to file an answer to the remaining grounds1(c) and 1(d) - in the amended petition. Hunter will then have 30 days following the filing of an answer to file a reply. Signed by Judge Howard D. McKibben on 1/5/2024. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
62
ORDER granting ECF No. 61 Motion to Extend Time: Reply re ECF No. 58 Motion to Dismiss is due by December 8, 2023. Signed by Judge Howard D. McKibben on 10/11/2023. (Copies have been distributed pursuant to the NEF - DLS) (Main Document 62 replaced on 10/11/2023) (DLS).
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Filing
57
ORDER - IT IS THEREFORE ORDERED that Hunter's motion to reopen (ECF No. 56 ) is GRANTED. This case is no longer stayed.IT IS FURTHER ORDERED that the clerk of court REOPEN this matter.IT IS FURTHER ORDERED that Responden ts have 60 days to answer, or otherwise respond to, the amended petition (ECF No. 40 ). Answer due: 9/18/2023. The remainder of this Court's scheduling order (ECF No. 30 ) remains in effect. Signed by Judge Howard D. McKibben on 7/20/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
54
ORDER - IT IS THEREFORE ORDERED that Hunters unopposed motion for stay and abeyance (ECF No. 52 ) is granted. IT IS FURTHER ORDERED that this action is stayed pending exhaustion of the unexhausted grounds in the amended petition as detail ed herein. IT IS FURTHER ORDERED that the respondents motion to dismiss (ECF No. 49 ) is denied without prejudice to the reassertion of any and all defenses then applicable following the stay. IT IS FURTHER ORDERED that the clerk shall administratively close this action, until such time as the court grants a motion to reopen the matter. Signed by Judge Howard D. McKibben on 7/12/2022.; Case terminated. (Copies have been distributed pursuant to the NEF - CJD)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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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