Palmer v. Filson et al
Petitioner: Markiece Palmer
Respondent: Timothy Filson and Nevada Attorney General
Case Number: 3:2018cv00245
Filed: May 29, 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
November 14, 2023 Opinion or Order Filing 93 ORDER granting ECF No. 92 Motion to Extend Time. Reply re ECF No. 87 Motion for Evidentiary Hearing is due by 12/8/2023. Signed by Judge Howard D. McKibben on 11/14/2023. (Copies have been distributed pursuant to the NEF - DLS)
October 20, 2023 Opinion or Order Filing 89 ORDER granting ECF No. 88 Unopposed Motion for Extension of Time. Respondents will have up to and including November 2, 2023, to file their response to Petitioner's motion for an evidentiary hearing (ECF No. 87 ). Signed by Judge Howard D. McKibben on 10/20/2023. (Copies have been distributed pursuant to the NEF - DLS)
September 8, 2023 Opinion or Order Filing 85 ORDER granting ECF No. 84 Motion to Extend Time. Petitioner will have up to and including October 5, 2023, to file his reply to the second amended petition. Signed by Judge Howard D. McKibben on 9/8/2023. (Copies have been distributed pursuant to the NEF - DLS)
July 17, 2023 Opinion or Order Filing 83 ORDER - IT IS THEREFORE ORDERED that Petitioner's unopposed motion for extension of time (ECF No. 82 ) is GRANTED. Petitioner will have up to and including September 5, 2023, to file his reply to the second amended petition. Signed by Judge Howard D. McKibben on 7/17/2023. (Copies have been distributed pursuant to the NEF - DLS)
May 8, 2023 Opinion or Order Filing 76 ORDER GRANTING ECF No. 75 Motion to Extend Time: Respondents will have up to and including May 22, 2023, to file their answer to the second amended petition (ECF No. 58 ). Signed by Judge Howard D. McKibben on 5/8/2023. (Copies have been distributed pursuant to the NEF - DLS)
April 3, 2023 Opinion or Order Filing 74 ORDER GRANTING ECF No. 73 Motion to Extend Time. Respondents will have up to and including May 8, 2023, to file their answer to the second amended petition. Signed by Judge Howard D. McKibben on 4/3/2023. (Copies have been distributed pursuant to the NEF - DLS)
February 10, 2023 Opinion or Order Filing 72 ORDER granting ECF No. 71 Motion to Extend Time (Second Request). Respondents will have up to and including 3/23/2023, to file their answer to the second amended petition. Signed by Judge Howard D. McKibben on 2/10/2023. (Copies have been distributed pursuant to the NEF - CJS)
December 27, 2022 Opinion or Order Filing 70 ORDER granting ECF No. 69 Motion to Extend Time : Answer to ECF No. 58 Second Amended Petition due 2/6/2023. Signed by Judge Howard D. McKibben on 12/27/2022. (Copies have been distributed pursuant to the NEF - DRM)
August 25, 2022 Opinion or Order Filing 68 ORDER - IT IS THEREFORE ORDERED that Respondents motion to dismiss (ECF No. 61 ) is GRANTED IN PART AND DENIED IN PART as detailed herein. It IS FURTHER ORDERED that Respondents' motions for enlargement of time to file a reply in suppor t of the motion to dismiss second amended petition (ECF Nos. 64 and 65 ) are granted nunc pro tunc to May 31, 2022, and the reply in support of motion to dismiss the second amended petition (ECF No. 67 ) is deemed timely filed. IT IS FURTHER IS ORDERED that Respondents will have 120 days from the date of this order to file an answer or otherwise respond to Palmer's remaining claims in the second amended petition (ECF No. 58 ) (12/23/2022). In all other respe cts, the schedule for further proceedings set forth in the scheduling order entered May 14, 2021 (ECF No. 54 ) will remain in effect. IT IS FURTHER ORDERED that the Clerk of the Court is directed to substitute Tim Garrett for Respondent William Gittere. Signed by Judge Howard D. McKibben on 8/25/2022. (Copies have been distributed pursuant to the NEF - CJD) Modified on 8/25/2022 (CJD).
January 21, 2022 Opinion or Order Filing 60 ORDER - Respondents' unopposed motion for enlargement of time to respond to the second amended petition (ECF No. 59 ) is GRANTED. Respondents shall respond to the petition on or before January 28, 2022. Signed by Judge Howard D. McKibben on 1/21/2022. (Copies have been distributed pursuant to the NEF - SMR)
April 2, 2020 Opinion or Order Filing 49 ORDERED that petitioner's motion for stay and abeyance (ECF No. 47 ) is GRANTED. This action is STAYED pending the conclusion of petitioner's pending state court proceedings.The grant of a stay is conditioned upon petition er further litigating his state post-conviction petition or other appropriate proceeding in state court andreturning to federal court with a motion to reopen within 45 days of issuance of the remittitur.Respondents' motion to dismiss (ECF No. 30 ) is DENIED as moot and without prejudice to renewing the motion once the stay is lifted.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 4/2/2020. (Copies have been distributed pursuant to the NEF - DRM)
March 10, 2020 Opinion or Order Filing 44 ORDER granting nunc pro tunc ECF Nos. 27 , 28 , 29 , 42 , and 43 as of their respective filing dates. Petitioner's opposition to respondents' motion to dismiss (ECF No. 30 ) is due March 20, 2020. Signed by Judge Howard D. McKibben on 3/10/2020. (Copies have been distributed pursuant to the NEF - LW)
June 6, 2019 Opinion or Order Filing 26 ORDER that the petitioner's motions for extension of time (ECF Nos. 15 , 16 , and 17 ) are GRANTED nunc pro tunc as of their respective filing dates. Signed by Judge Howard D. McKibben on 6/6/2019. (Copies have been distributed pursuant to the NEF - LH)
July 25, 2018 Opinion or Order Filing 13 ORDERED that the AFPD shall have forty-five (45) days from the date of entry of this order to file an amended petition for writ of habeas corpus, if counsel so chooses. Respondents shall file a response to the petition within ninety (90) days of the date on which the petitioner files an amended petition or the date on which the period for filing an amended petition expires. Any additional state court record exhibits filed herein by either petitioner or respondents shall be filed with a separate index of as specified herein. The hard copy of any additional state court record exhibits shall be forwarded for this case to the staff attorneys in Reno. Signed by Judge Howard D. McKibben on 7/25/2018. (Copies have been distributed pursuant to the NEF - DRM)
July 3, 2018 Opinion or Order Filing 9 ORDER directing Clerk to file ECF No. 1 -2 Motion for Appointment of Counsel; directing Clerk to add NV AG as counsel for Respondents and to e-serve them with this order and a copy of ECF No. 7 Petition (NEFs sent 7/3/2018); giving Respondents 20 days to appear; granting Petitioner's Motion for Appointment of Counsel, appointing FPD to represent Petitioner; directing Clerk to e-serve FPD copy of this order and the petition (NEFs sent 7/3/2018); giving FPD 20 days to file notice of appearance or indicate its inability to do so; denying Petitioner's ECF No. 4 Request for Writ of Coram Nobis and ECF No. 5 Request for Judicial Notice. Signed by Judge Howard D. McKibben on 7/3/2018. (Copies have been distributed pursuant to the NEF - KR)
June 6, 2018 Opinion or Order Filing 3 ORDERED that petitioner shall file an IFP application accompanied by a signed financial certificate and a statement of his inmate account, or pay the $5.00 filing fee, within 30 days. The Clerk shall send petitioner a blank application form for incarcerated litigants. (Mailed to P 6/6/2018.) IT IS FURTHER ORDERED that the Clerk shall send petitioner two copies of a noncapital Section 2254 habeas petition form, a copy of the instructions for the form, and a copy of the papers that he submitted in this action. (Form, instructions, and papers mailed to P 6/6/2018.) Petitioner shall have 30 days to file his habeas petition on a fully-completed form. Signed by Judge Howard D. McKibben on 6/6/2018. (Copies have been distributed pursuant to the NEF - DRM)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Nevada District Court's Electronic Court Filings (ECF) System

Search for this case: Palmer v. Filson et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Timothy Filson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Nevada Attorney General
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Markiece Palmer
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?