Rodriguez v. Gittere et al
| Pedro Rodriguez |
| Warden William Reubart, Aaron D. Ford and Warden William Gittere |
| 3:2023cv00031 |
| January 24, 2023 |
| US District Court for the District of Nevada |
| Carla Baldwin |
| Miranda M Du |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 13 NOTICE of Appearance by attorney Thomas Kenneth Lee on behalf of Petitioner Pedro Rodriguez. (Lee, Thomas) |
| Filing 12 NOTICE of Appearance by attorney Jocelyn Murphy on behalf of Petitioner Pedro Rodriguez. (Murphy, Jocelyn) |
| Filing 11 NOTICE of Appearance by attorney Kimberly Sharkey on behalf of Petitioner Pedro Rodriguez. (Sharkey, Kimberly) |
Filing 10
SCHEDULING ORDER1. Amended Petition. If necessary, Petitioner must file an amended petition for writ of habeas corpus within days after the entry of this order. (Amended Petition due by 8/14/2023.)2. Response to Petition. Respondents will have 90 days following the filing of an amended petition to file an answer or other response to the amended petition. If Petitioner does not file an amended petition, Respondents will have 90 days following the due date for the amended petition to file an answer or other response to the original petition.3. Reply and Response to Reply. Petitioner will have 60 days following the filing of an answer to file a reply. Respondents will thereafter have 45 days following the filing of a reply to file a response to the reply.4. Briefing of Motion to Dismiss. 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 45 days following the filing of the response to file a reply.Refer to details in Order regarding Discovery and Evidentiary Hearing.It is further ordered that, pursuant to Federal Rule of Civil Procedure 25(d), William Gittere is substituted for William Reubart as the respondent warden. The Clerk of the Court is directed to update the docket for this case to reflect this change.Signed by Chief Judge Miranda M. Du on 2/14/2023. (Copies have been distributed pursuant to the NEF - CJS)
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Filing 9
ORDER - The Court accepts the waivers of Petitioner and Robert Servin (ECF No. #8 ) and confirms that the Federal Public Defender is appointed to represent the Petitioner in this case. Signed by Chief Judge Miranda M. Du on 2/13/2023. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 8 NOTICE of conditional acceptance of appointment as counsel for petitioner and disclosure of potential conflict by Pedro Rodriguez.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Anthony, David) |
| Filing 7 NOTICE of Appearance by attorney David Anthony on behalf of Petitioner Pedro Rodriguez. (Anthony, David) |
| Filing 6 NOTICE of Association of Counsel by Katrina Lopez on behalf of Respondents Aaron D. Ford, William Reubart. (Lopez, Katrina) |
| Filing 5 NOTICE of Change of Deputy Attorney General on behalf of Respondents Aaron D. Ford, William Reubart. Deputy Attorney General Aaron D. Ford-AG terminated. (Berrett, Erica) |
| Filing 4 PETITION for Writ of Habeas Corpus by Pedro Rodriguez. (Filed pursuant to ECF No. #3 Order.) (Attachments: #1 Exhibits in Support of Petition) (DRM) |
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Filing 3
ORDER - IFP Application (ECF No. #1 ) is granted. Clerk is directed to separately file the Petition for Writ of Habeas Corpus and supporting exhibits (ECF Nos. #1 -1 through #1 -32). The Motion for Appointment of Counsel (ECF No. #2 ) is granted. The FPD is appointed to represent Petitioner. (Email (NEF) to CJA coordinator on 1/25/2023.) FPD will have 30 days from the date of entry of this order (2/24/2023) to file a notice of appearance or to file a notice of inability to represent P. Clerk is directed to electronically serve a copy of this order on the FPD. (E-service 1/25/2022.) Clerk 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 office of the Attorney General only. (NEFs #1-2 regenerated to AG only on 1/25/2023.) Respondents counsel will have 30 days from the date of this order (2/24/2023) to file a notice of appearance, but Respondents will not be required to take any further action in this case unless and until ordered to do so. Signed by Chief Judge Miranda M. Du on 1/25/2023. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 2 MOTION for Appointment of Counsel by Petitioner Pedro Rodriguez. (Sharkey, Kimberly) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Pedro Rodriguez. (Attachments: #1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Sec. 2254, #2 Index of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32)(Sharkey, Kimberly) |
| Case assigned to Chief Judge Miranda M. Du and randomly assigned to Magistrate Judge Carla Baldwin. (WJ) |
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