Whitener v. Garrett et al
| Ace V Whitener |
| Tim Garrett and The Attorney General of the State of Nevada |
| 3:2022cv00528 |
| November 30, 2022 |
| US District Court for the District of Nevada |
| Craig S Denney |
| Anne R Traum |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 11
ORDER - Petitioner may file an amended petition for writ of habeas corpus within 90 days after entry of this Order (4/10/2023). If Petitioner determines that an amended petition need not be filed, then, within 90 days after entry of this Order, Petitioner must file a notice to that effect. Respondents will have 60 days following the filing of the amended petition to file an answer or other response to the amended petition. If Petitioner does not file an amended petition, Respondents will have 60 days following the due date for the amended petition to file an answer or other response to the original petition. Petitioner will have 45 days following the filing of an answer to file a reply. Respondents will thereafter have 30 days following the filing of a reply to file a response to the reply. If Respondents file a motion to dismiss, Petitioner will have 60 days following the filing of the motion to file a response to the motion. Respondents will thereafter have 30 days following the filing of the response to file a reply. Signed by District Judge Anne R. Traum on 1/9/2023. (Copies have been distributed pursuant to the NEF - CJS)
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| Filing 10 NOTICE of Appearance by attorney C. B. Kirschner on behalf of Petitioner Ace V Whitener. (Kirschner, C.) |
| Filing 9 NOTICE of Appearance by attorney Laura Angeline Barrera on behalf of Petitioner Ace V Whitener. (Barrera, Laura) |
| Filing 8 NOTICE of Change of Deputy Attorney General on behalf of Respondents Tim Garrett, The Attorney General of the State of Nevada. Deputy Attorney General Aaron D. Ford-AG terminated. (Kihuen, Mariana) |
| Filing 7 RECEIPT of Payment: $ 5.00 filing fee paid. Receipt number 3-0105. (DRM) |
| Filing 6 MOTION for Appointment of Counsel by Petitioner Ace V Whitener. (Filed, granted, and e-served on FPD and AG pursuant to Order, ECF No. #4 .) (CJS) |
| Filing 5 PETITION for Writ of Habeas Corpus by Ace V Whitener. (Filed pursuant to Order, ECF No. #4 and e-served on FPD and AG.) (CJS) |
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Filing 4
ORDER - It is therefore ordered that Petitioner's Application to Proceed in Forma Pauperis (ECF No. #1 ) is denied. It is further ordered that the Clerk of the Court is directed to separately file the Petition for Writ of Habeas Corpus (ECF No. #1 -1) and the Motion for Appointment of Counsel (ECF No. #1 -3). It is further ordered that Petitioners Motion for Appointment of Counsel (ECF No. #1 -3) is granted. The Federal Public Defender for the District of Nevada (FPD) is appointed to represent the Petitioner. If the FPD is unable to represent the Petitioner, because of a conflict of interest or for any other reason, alternate counsel will be appointed. In either case, counsel will represent the Petitioner in all federal court proceedings relating to this matter, unless allowed to withdraw. It is further ordered that the Clerk of the Court is directed to electronically serve upon the FPD a copy of this order, together with a copy of the Petition for Writ of Habeas Corpus (ECF No. #1 -1). FPD will have 30 days to file a notice re appearance. It is further ordered that the requirement that Petitioner pay the filing fee for this action is suspended. The Court will set a deadline for payment of the filing fee after counsel appears for the Petitioner. It is further ordered that the Clerk of the Court is directed to add Aaron Ford, Attorney General of the State of Nevada, 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 office of the Attorney General only. AG will have 30 days to appear in this action but will not be required to respond to the habeas petition at this time. (Notice of Compliance is due by 1/3/2023.) Signed by District Judge Anne R. Traum on 12/2/2022. (Copies have been distributed pursuant to the NEF; R Valladares added for FPD to docket for P; A Ford added for AG to docket for R - CJS) Modified on 12/2/2022 - NEF regenerated for ECF Nos. #1 , #2 , #3 to AG (CJS).
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Filing 3
ORDER - It is therefore ordered that the Clerk of the Court is directed to place under seal the exhibits filed in support of the petition for writ of habeas corpus (ECF No. #1 -1, pp. 18-1020), and the memorandum of points and authorities filed in support of the petition for writ of habeas corpus (ECF No. #1 -2). Signed by District Judge Anne R. Traum on 12/1/2022. (Copies have been distributed pursuant to the NEF - CJS)
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| Filing 2 NOTICE from USDC advising case against Tim Garrett, et al., has been received and assigned case number 3:22-cv-00528-ART-CSD. (CJS) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Ace V Whitener. (Attachments: #1 Petition with Exhibits, #2 Memorandum of Points and Authorities, #3 Motion for Appointment of Counsel, #4 Letter to Clerk of Court re Filing Fee)(CJS) (Attachment 1 replaced on 12/1/2022 with pages 1-17 for Petition only pursuant to Order ECF No. #3 ) (CJS). (Additional attachment(s) added on 12/1/2022: #5 Sealed Exhibits to Petition) (CJS). Modified on 12/1/2022 to place Exhibits to Petition and Memorandum of Points and Authorities under seal pursuant to Order ECF No. #3 (CJS). |
| Case randomly assigned to District Judge Anne R. Traum and Magistrate Judge Craig S. Denney. (CJS) |
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