Smart v. Royal et al
| Nevada District Court | |
| Judge: | Miranda M Du |
| Referred: | Craig S Denney |
| Case #: | 3:24-cv-00355 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Aug 08, 2024 |
| Terminated: | Nov 14, 2024 |
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| Docket last updated: 09/23/2026 11:59 PM PDT |
| Friday, November 15, 2024 | ||
| 14 | 14
order
Judgment
Fri 11/15 8:26 AM
JUDGMENT entered per ECF No.12 Order. Signed by Clerk of Court Debra K. Kempi on 11/15/2024. ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - GA) |
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| Thursday, November 14, 2024 | ||
| 13 | 13
cmp
Petition Writ of Habeas Corpus
Fri 11/15 8:16 AM
PETITION for Writ of Habeas Corpus by Jonathan C. Smart. Petition is dismissed per ECF No.12 Order. (GA) |
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| 12 | 12
3
pgs
order
Order on Motion for Appointment of Counsel ~Util - Terminate Case
Fri 11/15 8:12 AM
ORDER - It is therefore ordered that Smart's Petition ECF No.1 -1 is dismissed as untimely and wholly unexhausted. It is further ordered that Petitioner's motion for appointment of counsel ECF No.5 is denied as moot. It is further ordered that 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. The Clerk of Court is directed to (1) file the Petition ECF No.1 -1; (2) add Nevada Attorney General Aaron D. Ford as counsel for Respondents3; (3) informally serve the Nevada Attorney General with the Petition (ECF No. 1-1), this Order, and all other filings in this matter by sending notices of electronic filing to the Nevada Attorney General's office; (4) enter final judgment; and (5) close this case. ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - GA) |
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| Tuesday, November 12, 2024 | ||
| 11 | 11
misc
Response Order to Show Cause
Tue 11/12 1:25 PM
RESPONSE to10 Order to Show Cause by Petitioner Jonathan C. Smart. (DLS) |
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| Monday, September 30, 2024 | ||
| 10 | 10
6
pgs
order
Order on Motion/Application to Proceed In Forma Pauperis Order Show Cause
Mon 09/30 12:42 PM
ORDER - The applications to proceed IFP (ECF Nos.1 ,9 ) are granted. Petitioner Jonathan C. Smart must respond to the Court's order to show cause within 45 days of the date of this order (11/14/2024), demonstrating why this action should not be dismissed as (1) untimely and/or (2) unexhausted. Signed by Chief Judge Miranda M. Du on 9/30/2024. ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - DLS) |
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| Monday, September 23, 2024 | ||
| 9 | 9
motion
Motion/Application Leave to Proceed In Forma Pauperis
Mon 09/23 12:50 PM
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jonathan C. Smart. (DLS) |
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| 8 | 8
notice
Notice Change of Address
Mon 09/23 12:50 PM
NOTICE of Change of Address by Petitioner Jonathan C. Smart. Address updated to High Desert State Prison . (DLS) |
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| Thursday, September 19, 2024 | ||
| 7 | 7
misc
Mail Returned
Thu 09/19 4:28 PM
Mail Returned as Undeliverable (RTS not at ESP) re ECF No. 6 Generic Docket Entry, addressed to Jonathan C. Smart. (GA) |
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| Wednesday, September 18, 2024 | ||
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misc
Docket Entry - Generic
Wed 09/18 6:23 PM
Pursuant to the[LINK:Nevada Department of Corrections (NDOC) press release] , dated September 11, 2024, the NDOC has completed the change of custody levels at High Desert State Prison (HDSP) and Ely State Prison (ESP). In the interest of judicial economy, the Clerk of the Court will add a second law library to receive notices for pro se litigants who currently receive notices through Law Library Ely State Prison. For pro se litigants who receive notices through Law Library Ely State Prison, the Clerk of the Court will add Law Library High Desert State Prison to the docket sheet for the pro se litigant. Pursuant to Nevada Local Rule of Practice IA 3-1, the pro se litigant must file a written change of address with their updated address to the Court within 60 days of this order. After the pro se litigant files an updated address with the Court, the Clerk of the Court will update the litigants address on the docket sheet accordingly. (HKL) |
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| Monday, August 19, 2024 | ||
| 5 | 5
motion
Motion Appointment of Counsel
Mon 08/19 3:31 PM
MOTION for Appointment of Counsel by Petitioner Jonathan C. Smart. (GA) |
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| Monday, August 12, 2024 | ||
| 4 | 4
2
pgs
order
Order
Mon 08/12 3:09 PM
ORDER - It is further ordered that on or before September 20, 2024, Smart must (1) file a complete IFP application with the three supporting documents listed above, or (2) pay the $5.00 filing fee. The Clerk of Court is further directed to send Smart a blank copy of the IFP application form for inmates along with instructions. Signed by Chief Judge Miranda M. Du on 8/12/2024. ( For Distribution by law library. )(Copies have been distributed pursuant to the NEF - DLS) |
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Att: 1
IFP form/Instruction
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| Thursday, August 08, 2024 | ||
| 3 | 3
misc
General Order 2012-01 NDOC Mandatory E-filing
Thu 08/08 12:39 PM
GENERAL ORDER 2012-01. In the Matter of: Mandatory Electronic Submission of NDOC Prisoner Documents. Order sent to Plaintiff. Law librarian: please provide a copy of this order to Jonathan C. Smart. (DLS) |
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| 2 | 2
notice
Advisory Letter Habeas only - FORM
Thu 08/08 11:53 AM
NOTICE from USDC advising case against Terry Royal, et al., has been received and assigned case number 3:24-cv-00355-MMD-CSD . ( For Distribution by law library. ) (DLS) |
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| 1 | 1
motion
Motion/Application Leave to Proceed In Forma Pauperis
Thu 08/08 11:52 AM
MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Jonathan C. Smart.(DLS) |
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Att: 1
Petition for WHC,
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Att: 2
Civil Cover Sheet
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