Colon v. Baker et al
| 3:2018cv00490 |
| October 17, 2018 |
| US District Court for the District of Nevada |
| Reno Office |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
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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
75
ORDER - It is therefore ordered that the second amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 (ECF No. 60 ) is denied. It is further ordered that a certificate of appealability is denied. The Clerk of Court is directed to: (1) substitute Nethanjah Breitenbach for Respondent R. Baker; (2) enter judgment accordingly; and (3) close this case. Signed by Chief Judge Miranda M. Du on 11/16/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
62
ORDER granting ECF No. 61 Motion to Extend Time. Respondents' have up to and including October 3, 2023 to file their answer. Signed by Chief Judge Miranda M. Du on 8/2/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
59
ORDER granting ECF No. 58 Motion to Extend Time. Petitioner will have up to and including June 5, 2023 to file a second amended petition for a writ of habeas corpus. Signed by Chief Judge Miranda M. Du on 6/2/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
57
ORDER granting ECF No. 56 Motion to Extend Time: Amended Petition due by 6/2/2023. Signed by Chief Judge Miranda M. Du on 5/1/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing
55
ORDER granting ECF No. 54 Motion to Extend Time : Amended Petition due by 5/2/2023. Signed by Chief Judge Miranda M. Du on 3/1/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
52
ORDER granting ECF No. 51 Motion to Extend Time : Second Amended Petition due by 3/3/2023. Signed by Chief Judge Miranda M. Du on 1/3/2023. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
48
ORDER - Petitioner, through Mr. Eibert, Esq., has up to and including 90 days from entry of this order within which to file a second amended petition and/or seek other appropriate relief (by 8/11/2022). Respondents must file a respons e to the second amended petition, including potentially by motion to dismiss, within 60 days of service of the second amended petition and that Petitioner may file a reply thereto within 30 days of service of the answer. The hard copy of any exhibits filed by either counsel must be deliveredfor this caseto the Reno Clerk's Office. Courtesy copies of exhibits maynot be provided. The Clerk of Court is directed to update Petitioner's address to Ely State Prison, P.O. Box 1 989, Ely, Nevada 89301. The Clerk of Court to send a copy of this order to Petitioner at Ely State Prison and reflect said transmittal either via the notice of electronic filing or on the docket, in a manner consistent with the Clerk of Court's current practice (copy of this Order to Plaintiff at ESP law library via ad hoc NEF service). See attached PDF Order for additional specifications. Signed by Chief Judge Miranda M. Du on 5/13/2022. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
44
ORDER - The motion to withdraw as attorney (ECF No. 38 ), the motion for appointment of counsel (ECF No. 39 ), and the motion for withdrawal of counsel (ECF No. 40 ) are granted. James F. Halley, Esq., is withdrawn as counsel for Petiti oner and must return to Petitioner any papers or files in his possession. Clerk is directed send a copy of this order to the CJA Resource Counsel, Kim Driggers, at the FPD, who will locate substitute counsel for Petitioner. (Ad hoc email (NEF) to Ki m Driggers on 5/4/2022.) Halley,s seventh motion for extension of time to file a second amended petition (ECF No. 42 ) is denied as moot. Clerk shall send a copy of this order to Petitioner in proper person at the last institutional addre ss in the record and reflect said transmittal either via the notice of electronic filing or on the docket. (Copy mailed to P at LCC on 5/4/2022; E-mail (NEF) to P via LCC law library.) Signed by Chief Judge Miranda M. Du on 5/3/2022. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
37
ORDER granting ECF No. 35 Motion to Extend Time (sixth of more request); Petitioner will have up to and including May 9, 2022, to file a second amended petition for a writ of habeas corpus. No further extensions will be granted. Signed by Chief Judge Miranda M. Du on 12/9/2021. (Copies have been distributed pursuant to the NEF - HKL)
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Filing
34
ORDER granting ECF No. 32 Motion to Extend Time. Petitioner will have up to and including December 9, 2021, to file a second amended petition for a writ of habeas corpus. Signed by Chief Judge Miranda M. Du on 7/14/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing
31
ORDER granting ECF No. 29 Motion to Extend Time. Petitioner will have up to and including July 12, 2021, to file a Second Amended Petition. Signed by Chief Judge Miranda M. Du on 2/10/2021. (Copies have been distributed pursuant to the NEF - AB)
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Filing
26
ORDER granting ECF No. 24 Motion to Extend Time : Second Amended Petition due by 2/10/2021. Signed by Chief Judge Miranda M. Du on 10/8/2020. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
23
ORDER granting ECF No. 21 Motion to Extend Time. Petitioner will have up to and including October 13, 2020, to file a Second Amended Petition. Signed by Chief Judge Miranda M. Du on 5/14/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
20
ORDER granting ECF No. 18 Motion to Extend Time. Second Amended Petition due by 5/15/2020. Signed by Chief Judge Miranda M. Du on 12/16/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
13
ORDER withdrawing provisional appointment of FPD and appointing Jim Halley, Esq. as counsel for Petitioner; granting Mr. Halley permission to appear pro hac vice in all federal proceedings related to this matter during the penden cy of this appointment and waiving the requirements for a verified petition for permission to appear pro hac vice and payment of $250 fee; giving Petitioner 60 days to file a counseled amended petition; directing Clerk to provide c ounsel, upon his request, a single set of electronic copies of all prior filings herein; directing Clerk to send a copy of this order to the Petitioner at the last institutional address in the record (mailed 5/20/2019). Signed by Judge Miranda M. Du on 5/20/2019. (Copies have been distributed pursuant to the NEF - KR)
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Filing
9
ORDER - Petitioner's request for extension of time to submit payment (ECF No. 6 ) is granted. Petitioner's IFP application (ECF No. 8 ) is denied as moot. Clerk shall file the petition. Petitioner's motion for co unsel (ECF No. 2 ) is granted FPD is provisionally appointed to represent Petitioner. FPD shall undertake direct representation of Petitioner by 5/22/2019, or indicate inability to do so. If representation undertaken then amended petiti on is due by 6/21/2019. Clerk add AG as counsel for Respondents. Clerk of Court electronically serve both the AG and the FPD a copy of the petition and a copy of this order. (E-service 4/22/2019.) Respondents' counsel must enter a notice of appearance by 5/12/2019. Paper copies of any electronically filed exhibits need NOT be provided to chambers or to the staff attorney, unless later directed by the Court. Signed by Judge Miranda M. Du on 4/22/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
5
ORDER denying ECF No. 1 IFP Application. Clerk shall send P IFP form. (Mailed to P 10/17/2018.) IFP Application due by 11/16/2018. In the alternative, Petitioner shall make the necessary arrangements to pay the filing fee of five dollars ($5.00), and file a new petition accompanied by a copy of this order. Signed by Judge Miranda M. Du on 10/17/2018. (Copies have been distributed pursuant to the NEF - DRM)
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