Barral v. Garrett
| Dustin James Barral |
| Tim Garrett and Nevada Attorney General |
| 3:2023cv00438 |
| September 5, 2023 |
| US District Court for the District of Nevada |
| Carla Baldwin |
| Miranda M Du |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 NOTICE of Change of Address by Petitioner Dustin James Barral. Old address LCC. New address 8120 W. Gilmore Ave, Las Vegas, NV 89129. (Submitted via LCC law library on 10/25/2023.) (DRM) |
| Filing 11 DOCKETING NOTICE - USCA, Ninth Circuit Appellate Case Number 23-3042 assigned to ECF No. #10 Notice of Appeal. No briefing schedule will be set until this court and/or the district court determines whether a certificate of appealability (COA) should issue. (DRM) |
| Filing 10 NOTICE OF APPEAL as to ECF No. #7 Order Dismissing Case, by Petitioner Dustin James Barral. Filing fee NOT paid. (PACER Docket Sheet ATTACHED hereto for distribution to P via Lovelock CC Law Library.) E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Attachments: #1 PACER docket sheet for Plaintiff) (GA) |
| Filing 9 JUDGMENT entered pursuant to ECF No. #7 Order. Signed by Clerk of Court Debra K. Kempi on 10/16/2023. (Copies have been distributed pursuant to the NEF - DLS) |
| Filing 8 PETITION for Writ of Habeas Corpus by Dustin James Barral. (Filed and dismissed per ECF No. #7 order). (DLS) |
Filing 7
DISMISSAL ORDER - It is therefore ordered that this action is dismissed with prejudice as time barred. A certificate of appealability is denied, as jurists of reason would not find dismissal of the Petition for the reasons stated herein to be debatable or wrong.It is further ordered that the Clerk of Court (1) file the Petition (ECF No. #1 -1); (2) add Nevada Attorney General Aaron D. Ford as counsel for Respondents; 2 (3) provide the Nevada Attorney General with copies of the Petition (ECF No. #1 -1), this order, and all other filings in this matter by regenerating the notices of electronic filing (NEF Regenerated for ECF Nos. #1 - #6 to AG Only); (4) enter final judgment dismissing this action with prejudice; and (5) close this case. Signed by Chief Judge Miranda M. Du on 10/16/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 6 RESPONSE to ECF No. #5 Order to Show Cause by Petitioner Dustin James Barral. (DLS) |
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Filing 5
ORDER - It is therefore ordered that Petitioner Dustin James Barral show cause on or before November 17, 2023, why this action should not be dismissed as untimely. See order for additional specifics. Signed by Chief Judge Miranda M. Du on 9/26/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 4 RECEIPT of Payment: $ 5.00, receipt number 3-0325. Writ of Habeas Corpus fee Paid. (DLS) |
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Filing 3
ORDER - It is therefore ordered that the Motion (ECF No. #1 ) is denied. It is further ordered that the initial screening of Petitioner Dustin James Barral's Petition for Writ of Habeas Corpus (ECF No. #1 -1) under the Rules Governing Section 2254 Cases is deferred until such time as he has fully complied with this order. It is further ordered that within 45 days of the date of this order, Petitioner must pay the $5 filing fee. Payment of filing fees due 11/2/2023. Signed by Chief Judge Miranda M. Du on 9/18/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 2 NOTICE from USDC advising case against Tim Garrett, et al., has been received and assigned case number 3:23-cv-00438-MMD-CLB. (GA) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis, by Petitioner Dustin James Barral. (Attachments: #1 Petition for Writ)(GA) |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Carla Baldwin. (GA) |
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