Cota v. Gittere et al
Petitioner: Michael Cota
Respondent: William Gittere and Nevada Attorney General
Case Number: 3:2021cv00399
Filed: September 2, 2021
Court: US District Court for the District of Nevada
Presiding Judge: Carla Baldwin
Referring Judge: Miranda M Du
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2021 Filing 18 NOTICE of Change of Deputy Attorney General on behalf of Respondents William Gittere, Nevada Attorney General. Deputy Attorney General Chris William Davis terminated. (Perlick, Jessica)
October 25, 2021 Filing 17 EX PARTE MOTION for Appointment of Counsel by Petitioner Michael Cota. (SC)
October 22, 2021 Opinion or Order Filing 16 ORDER re LR IA 7-2. Signed by Chief Judge Miranda M. Du on 10/22/2021. (Copies have been distributed pursuant to the NEF - SC)
October 14, 2021 Filing 15 USCA ORDER, Ninth Circuit, as to ECF No. #9 Notice. ("[T]his court lacks jurisdiction to issue a writ of mandamus to a state court."). Accordingly, the petition is denied. All pending motions are denied as moot. No further filings will be entertained in this closed case. USCA Case Number 21-71278. (Copies have been distributed pursuant to the NEF - SMR)
October 13, 2021 Opinion or Order Filing 14 ORDERED that Petitioner's Request for Clarification (ECF No. #13 ) is granted. The requested clarification is provided herein. Signed by Chief Judge Miranda M. Du on 10/13/2021.(Copies have been distributed pursuant to the NEF - DRM)
October 5, 2021 Filing 13 MOTION Requesting Clarification re ECF No. #12 Notice of Change of Deputy Attorney General by Petitioner Michael Cota. Responses due by 10/19/2021. (SC)
October 4, 2021 Filing 12 NOTICE of Change of Deputy Attorney General on behalf of Respondents William Gittere, Nevada Attorney General. Deputy Attorney General Aaron D. Ford-AG terminated. (Davis, Chris)
September 21, 2021 Filing 11 PETITION for Writ of Habeas Corpus by Michael Cota. (Filed pursuant to ECF No. #10 Order; E-service to AG 9/22/2021.) (DRM) Modified on 9/22/2021 to correct file date (DRM).
September 21, 2021 Opinion or Order Filing 10 ORDER - P's Motion for Reconsideration (ECF No. #8 ) is granted. P is granted IFP status and will not be required to pay the filing fee for this action. Clerk is directed to separately file Cota's Petition for Writ of Habeas Corpus (ECF No. #1 -1). The Clerk of Court is directed to add AG as counsel for Respondents and to provide Respondents an electronic copy of all items previously filed in this case by regenerating the Notice of Electronic Filing to the AG only. (NEFs # #1 - #9 regenerated to AG only on 9/22/2021.) Respondents will have 30 days from the date of this order to appear in this action (10/21/2021). Respondents will have 90 days from the date of this order (12/20/2021) to answer/respond to the habeas petition. (See pdf order for additional subsequent deadlines.) Signed by Chief Judge Miranda M. Du on 9/21/2021. (Copies have been distributed pursuant to the NEF - DRM) Modified on 9/22/2021 to add hyperlink to NEFs # 1-9 (DRM).
September 20, 2021 Filing 8 MOTION for Reconsideration re ECF No. #6 Order on Motion/Application to Proceed in forma pauperis, by Petitioner Michael Cota. Responses due by 10/4/2021. (SC)
September 17, 2021 Filing 9 NOTICE from USCA Clerk to Petitioner/Counsel : Petition for writ of mandamus received and assigned case number 21-71278. IFP or docket fee due. (DRM)
September 14, 2021 Filing 7 MOTION Request for Clarification/Notice of Compliance, by Petitioner Michael Cota. (Filed, and motion for reconsideration within the request is denied, pursuant to ECF No. #6 Order.) (DRM)
September 14, 2021 Opinion or Order Filing 6 ORDER - Petitioner Michael Cota's second application to proceed in forma pauperis (ECF No. #5 ) is denied. The Clerk of Court is directed to separately file Cota's "Request for Clarification/ Notice of Compliance" (ECF No. #5 -2). The motion for reconsideration within the Request for Clarification/Notice of Compliance (ECF No. #5 -2) is denied. Cota will have 45 days from the date of this order (10/29/2021) to pay the $5.00 filing fee. Signed by Chief Judge Miranda M. Du on 9/14/2021. (Copies have been distributed pursuant to the NEF - DRM)
September 10, 2021 Filing 5 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Michael Cota. (Attachments: #1 Financial Certificate, #2 Request for Clarification) (SMR)
September 8, 2021 Opinion or Order Filing 4 ORDER - Petitioner Michael Cota's "Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (ECF No. #3 ) is denied. Cota's application to proceed in forma pauperis (ECF No. #1 ) is denied, without prejudice. Cota will have 45 days from the date of this Order to either pay the $5.00 filing fee or file a fully completed IFP application, including the required financial certificate. The Clerk of Court is directed to send to Cota, along with a copy of this order, two IFP applications (attached hereto for distribution to Plaintiff by ESP). Signed by Chief Judge Miranda M. Du on 9/8/2021. (Attachments: #1 Application to Proceed in Forma Pauperis Form and Instructions (1 of 2), #2 Application to Proceed in Forma Pauperis Form and Instructions (2 of 2))(Copies have been distributed pursuant to the NEF - SC)
September 3, 2021 Filing 3 MOTION to Vacate, Set Aside, or Correct Sentence by Petitioner Michael Cota. Responses due by 9/17/2021. (SC)
September 2, 2021 Filing 2 NOTICE from USDC advising case against Gittere, et al., has been received and assigned case number 3:21-cv-00399. (DRM)
September 2, 2021 Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Michael Cota. (Attachments: #1 Petition for WHC) (DRM)
September 2, 2021 Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Carla Baldwin. (WJ)

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Petitioner: Michael Cota
Represented By: ESP Law Library
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Respondent: William Gittere
Represented By: Jessica Perlick
Represented By: Aaron D. Ford-AG
Represented By: Chris William Davis
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Respondent: Nevada Attorney General
Represented By: Jessica Perlick
Represented By: Aaron D. Ford-AG
Represented By: Chris William Davis
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