Lundy et al v. Balaam et al
| Curtis Cloud, Anthony Lundy and Justin Saldana |
| Serrell Smokey and Darin Balaam |
| 3:2021cv00267 |
| June 10, 2021 |
| US District Court for the District of Nevada |
| William G Cobb |
| Miranda M Du |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 22 JUDGMENT Signed by Clerk of Court Debra K. Kempi on 7/9/2021. (Copies have been distributed pursuant to the NEF - SMR) |
Filing 21
ORDER - The Petitioners' Emergency motion for a temporary restraining order (ECF No. #2 ) is denied. The Petition (ECF No. #1 ) is dismissed without prejudice for failure to fully exhaust available tribal judicial remedies. The Clerk of Court is directed to enter judgment accordingly and close this case. Signed by Chief Judge Miranda M. Du on 7/9/2021. (Copies have been distributed pursuant to the NEF - SMR)
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| Filing 20 TRAVERSE re #19 Response by Petitioner Anthony Lundy. (Salvator, Jimmy) |
| Filing 19 RESPONSE to #17 Notice (Other) by Respondent Serrell Smokey. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (Sullivan, Michael) |
| Filing 18 NOTICE service serrell smokey by Anthony Lundy re #16 Order on Motion to Dismiss,,,,,. (Salvator, Jimmy) |
| Filing 17 NOTICE Supp Exh to Habeas App by Anthony Lundy re #16 Order on Motion to Dismiss,,,,,. (Attachments: #1 Supplement) (Salvator, Jimmy) |
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Filing 16
ORDERED Respondent Darin Balaam's motion to dismiss (ECF No. #11 ) is denied.It is further ordered that Petitioners have three judicial days from the date of entry of this order (6/25/2021) to effect service on Respondent Serrell Smokey and file a second return of service reflecting either such service or explaining the futility of continued efforts to serve said Respondent. Signed by Chief Judge Miranda M. Du on 6/22/2021. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 15 REPLY to #12 Reply by Respondent Darin Balaam. (Munro, Keith) |
| Filing 14 NOTICE by Anthony Lundy re #4 Order,,,. (Salvator, Jimmy) |
| Filing 13 NOTICE by Anthony Lundy re #4 Order,,,. (Salvator, Jimmy) |
| Filing 12 REPLY to #11 Motion to Dismiss,, by Petitioner Anthony Lundy. (Salvator, Jimmy) |
| Filing 11 MOTION to Dismiss #1 Petition for Writ of Habeas Corpus by Respondent Darin Balaam. If exhibits exceed 20, paper copies of motion and exhibits sent to unrepresented petitioner. Responses due by 7/2/2021. Discovery Plan/Scheduling Order due by 8/2/2021. (Attachments: #1 Exhibit, #2 Exhibit) (Munro, Keith) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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Filing 10
ORDER granting ECF No. #3 Verified Petition for Permission to Practice Pro Hac Vice for Jim Salvator, representing Petitioner's and approving Designation of Local Counsel, David A. Olshan. Signed by Chief Judge Miranda M. Du on 6/17/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - SC)
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| Filing 9 NOTICE of Appearance by attorney David A. Olshan on behalf of Petitioners Curtis Cloud, Anthony Lundy, Justin Saldana. (Olshan, David) |
| Filing 8 RESPONSE to ECF No. 5 Minute Order re Counsel's Motion for Admission Pro Hac Vice, by Jim Salvator, Esq. (SC) |
| Filing 7 SUMMONS ISSUED as to Darin Balaam, and as to Serrell Smokey. (Ref. ECF No. #4 Order.) (DRM) |
| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 6/11/2021. By Deputy Clerk: Peggie Vannozzi. Petitioner Jim Salvator is directed to supplement his Motion (ECF No. #3 ) Motion for Permission to Practice Pro Hac Vice - Verified Petition by submitting, under seal, the record of his disciplinary history with the State Bar of Colorado. Compliance is due within 7 days. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 6/11/2021. By Deputy Clerk: Peggie Vannozzi. LR IA 11-2(a)(3) provides as a condition of admission to practice in a particular case that the applicant attorney "is not regularly employed in the State of Nevada." Jim Salvator's verified petition for permission to practice ("Petition") identifies that he is a member of Nevada Legal Services in Reno, Nevada and therefore employed in the State of Nevada. (ECF No. #3 at 1.) It is ordered that Jim Salvator supplement his Petition within 7 days to address the issue of his employment, how long he has been employed with Nevada Legal Services and whether he is "regularly employed in the State of Nevada."(no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
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Filing 4
ORDER - Immediately following receipt of this order, Petitioners will serve a copy of this order, the Petition (ECF No. #1 ), and the emergency motion for a temporary restraining order (ECF No. #2 ), upon each Respondent in the same manner provided for service of a summons and complaint upon the respective Respondent under Rule 4 of the Federal Rules of Civil Procedure and, after effecting such service, will file a service return affidavit or affidavits. Pursuant to 28 U.S.C. 2243, Respondents will have four calendar days from the date of service of this order within which to answer and/or otherwise respond to both the petition and motion and will show cause why the relief requested should not be granted. Signed by Chief Judge Miranda M. Du on 6/11/2021. (Copies have been distributed pursuant to the NEF - AB)
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| Filing 3 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jim Salvator and DESIGNATION of Local Counsel David Olshan (Filing fee $250 PAID, Receipt Number NVRNO-5267) by Petitioners Curtis Cloud, Anthony Lundy, Justin Saldana. (SMR) |
| Filing 2 EMERGENCY MOTION for Temporary Restraining Order by Petitioners Curtis Cloud, Anthony Lundy, Justin Saldana. (SMR) |
| Filing 1 PETITION for Writ of Habeas Corpus Under 25 U.S.C. 1303 (Filing fee $ 5 PAID, receipt number NVRNO-5266) by Anthony Lundy, Curtis Cloud, Justin Saldana. |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge William G. Cobb. ***Emergency motion previously filed in case.*** (LE) |
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