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Anthony Anderson, Plaintiff(s) vs. Jo Gentry, Defendant(s)
Writ Of Habeas Corpus case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Clark County, NV. Judge Scotti, Richard F. presiding.
Case Details
Case Number
Filing Date
January 27, 2017
Last Refreshed
November 21, 2020
Filing Location
Clark County, NV
OTHER JUDGES ON THIS CASE
Mark B. Bailus;Category
Writ of Habeas Corpus
Practice Area
Criminal
Matter Type
Habeas Corpus
Case Outcome Type
Clerk's Certificate
Status
Dismissal
OTHER JUDGES ON THIS CASE
Parties
Plaintiffs
Anderson, Anthony K
Attorneys for Plaintiffs
Pro Se
Defendants
Nevada State Of
Gentry, Jo
Attorneys for Defendants
Steven B Wolfson
Case Events
| Date | Type | Description | |
|---|---|---|---|
| August 06, 2020 | Docket Event |
Response State's Response to Defendant's Petition for Writ of Habeas Corpus (Post-Conviction) |
|
| March 05, 2020 | Docket Event |
NV Supreme Court Clerks Certificate/Judgment - Dismissed Nevada Supreme Court Clerk's Certificate/Remittitur Judgment - Dismissed |
|
| December 23, 2019 | Docket Event |
Motion for Relief Plaintiff's Motion for Relief from Judgment Pursuant to NRCP Rule 60(b) The Court DENIES Petitioner s Motion for Relief from Judgment Pursuant to NRCP 60(b). CLERK'S NOTE: A copy of this Minute Order was electronically served to all registered parties by the Courtroom Clerk, Elizabeth Vargas via Odyssey Efile and Serve. //ev 1/6/20 Judge: Scotti, Richard F.) Plaintiff's Motion for Relief from Judgment Pursuant to NRCP Rule 60(b |
|
| December 02, 2019 | Docket Event | Case Appeal Statement | |
| November 27, 2019 | Docket Event | Notice of Appeal | |
| November 27, 2019 | Docket Event | Designation of Record on Appeal | |
| November 20, 2019 | Docket Event |
Clerk's Notice of Hearing Notice of Hearing |
|
| November 20, 2019 | Docket Event | Motion for Relief from Judgment Pursuant to NRCP Rule 60(b) | |
| May 15, 2019 | Docket Event | Notice of Entry of Findings of Fact, Conclusions of Law and Order | |
| May 14, 2019 | Docket Event | Findings of Fact, Conclusions of Law and Order | |
| April 23, 2019 | Docket Event |
Filing Designation of Record on Certiorari |
|
| April 22, 2019 | Docket Event | Notice of Motion Notice of Equality Jurisdiction Manifest Error | |
| April 10, 2019 | Docket Event |
Minute Order The Court DENIES Defendant's Petition for Writ of Habeas Corpus (Post-Conviction) because Petitioner failed to raise the issue of the constitutionality of Senate Bill 182 on appeal. This use should have been raised on direct appeal. Petitioner filed a direct appeal on April 3, 2012. The Nevada Supreme Court issued its remittitur on December 6, 2015. Thus, Petitioner's claim is waived for failure to raise the issue on direct appeal. State to prepare the proposed order. CLERK'S NOTE: This Minute Order was electronically served by Courtroom Clerk, Elizabeth Vargas, to all registered parties for Odyssey File & Serve and a copy mailed to: Anthony K. Anderson #1082999, PO Box 208, Indian Springs, Nevada 89070. //ev 4/10/19 Judge: Scotti, Richard F. |
|
| March 27, 2019 | Docket Event | Motion Requesting Transcripts of Proceedings | |
| March 21, 2019 | Docket Event |
Hearing Court noted there was no authority to have a closed door hearing as requested by Mr. Anderson. Mr. Anderson argued regarding the Motion to Consolidate and expressed safety concerns. Court stated it was not going to close the proceeding and reviewed the history of the case. Argument by Mr. Anderson and Mr. Niman regarding the Motion. Court reviewed applicable case law and prior court decisions. Court inquired when Mr. Anderson first raised the issue of unconstitutionality on appeal; reviewed the Court's decision in 2013 on the first appeal filed by Mr. Anderson. Mr. Anderson argued regarding computation of time. Court advised computation of time was not an issue before this Court and would further consider the issue of constitutionality. COURT ORDERED, matter TAKEN UNDER ADVISEMENT. Judge: Scotti, Richard F. |
|
| March 18, 2019 | Docket Event |
Motion Notice of Motion Matter heard. Judge: Scotti, Richard F. |
|
| February 25, 2019 | Docket Event |
Reply Petitioner's Reply to States Response to Defendants Petition for Writ of Habeas Corpus |
|
| February 20, 2019 | Docket Event |
Motion to Consolidate Notice of Motion to Consolidate /Judicial Notice COURT ORDERED, Motion to Consolidate GRANTED. CLERK'S NOTE: The above minute order has been distributed to: John Niman, Deputy District Attorney [john.niman@clarkcountyda.com]; Natasha Gebrael, Deputy Attorney General [ngebrael@ag.nv.gov] Anthony Anderson, BAC#1082999 S.D.C.C. P.O. Box 208 Indian Springs, NV 89070 Judge: Scotti, Richard F. |
|
| February 13, 2019 | Docket Event |
Response State's Response to Defendant's Petition for Writ of Habeas Corpus (Post-Conviction) |
|
| February 11, 2019 | Docket Event | Order for Production of Inmate Anthony Anderson, BAC #1082999 | |
| February 05, 2019 | Docket Event |
Status Check John Niman, Esq., Deputy District Attorney and Natasha Gebrael, Esq., representing the Attorney's General's Office, also present. Defendant's Notice Of Motion/Response to the Dept. 10 matter FILED IN OPEN COURT. Court reviewed the history of the case. Discussions regarding there being two (2) types of Habeas petitions an inmate can file; one that challenges the underlying conviction/underlying judgment and one that challenges the way the Nevada Department of Corrections applies Deft's sentence and keeps record of the days in which Deft. is incarcerated. Counsel stated both can not be challenged in one petition. COURT NOTED, time computation challenges are heard in Dept. 10, therefore ORDERED, the time computation part of Deft's petition is DISMISSED WITHOUT PREJUDICE and matter will be heard in Dept. 10. COURT FURTHER NOTED, Deft's challenge to the constitutionality of Senate Bill 182 as it might affect Deft's conviction would be heard before this Court. COURT DIRECTED Mr. Niman to file a response or any appropriate motions within two (2) weeks (02/19/19); Deft. to file a response two (2) weeks after (03/05/19). COURT FURTHER ORDERED, matter CONTINUED for a Hearing on the constitutionality of Senate Bill 182. Mr. Niman to prepare the Order for Transport. 03/21/19 9:00 A.M. HEARING Judge: Scotti, Richard F. |
|
| February 04, 2019 | Docket Event | Notice of Motion | |
| February 04, 2019 | Docket Event | Motion for Continuance/ Motion for Sanctions | |
| January 29, 2019 | Docket Event |
Status Check Appearances continued: Natasha Gebrael, Esq., present on behalf of the Attorney General. COURT NOTED A transport request for Mr. Gentry's appearance was sent; however, the mail room returned it to the department and Mr. Gentry was not present at today's hearing. Court requested the Attorney General's office to prepare a transport order for Mr. Gentry's appearance. Ms. Gebrael stated the Attorney General does not handle these matters. Mr. Gentry had another matter pending in District Court department 7 A785909 and per NRS 34.745 the District Attorney should be directed to respond to this matter. COURT NOTED the Supreme Court ordered there had been proper service on the Attorney General. Following representations made to the Court; COURT ORDERED the Attorney General to prepare a transport order for Mr. Gentry and have notice given to the District Attorney to appear at the next court date. COURT FURTHER ORDERED matter SET for a status check in one week. 02/05/19 9:00 AM STATUS CHECK CLERK'S NOTE: A copy of this minute order was placed in the attorney folder(s) of: District Attorney /ds 2/1/19 Judge: Scotti, Richard F. |
|
| January 18, 2019 | Docket Event |
Motion to Consolidate Notice of Motion to Consolidate / Judicial Notice |
|
| January 18, 2019 | Docket Event |
Notice of Motion Judicial Notice Notice of Motion to Consolidate |
|
| January 09, 2019 | Docket Event | Order to Transport | |
| January 08, 2019 | Docket Event |
Minute Order This matter has a tortured history with writs, appeals, and reversal and remand by the Nevada Supreme Court. This Court does not see any appearance by the Office of the Attorney General, and does not know if the Attorney General has been served. The Court sets this matter down for a Status Check on January 29, 2019 at 9:00 a.m., and Orders an attorney from the Attorney General s office to appear and give status. 1/29/19 9:00 AM STATUS CHECK CLERK'S NOTE: A copy of this minute order was placed in the attorney folder(s) of: The Office of the Attorney General by the Clerk and mailed to the petitioner by the J.E.A. 1/9/19 /mt Judge: Scotti, Richard F. |
|
| January 07, 2019 | Docket Event |
Petition for Writ of Mandamus Petition for Wrt of Mandamus |
|
| January 02, 2019 | Docket Event |
Request Plaintiff's Request for a Status Check in S.C. Reversal and Remand The Court has issued a minute order on this matter. Judge: Scotti, Richard F. |
|
| December 26, 2018 | Docket Event |
Motion for Relief Notice of Motion The Court will issue a Minute Order on this matter. Judge: Scotti, Richard F. |
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| November 20, 2018 | Docket Event |
Request Petitioner Here in Pro Se Now Request a Finding of Fact and Conclusion of Law and Order Concerning Writ of Mandamus Filed Sept. 25, 2018 |
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| November 20, 2018 | Docket Event | Notice of Motion | |
| November 19, 2018 | Docket Event | Notice of Motion | |
| November 19, 2018 | Docket Event | Motion for Relief from Judgment Pursuant to NRCP Rule 60(b) | |
| October 29, 2018 | Docket Event |
Motion Plaintiff's Pro Per Notice of Motion COURT ORDERED, Plaintiff s Pro Per Petitioner For Writ of Mandamus is DENIED. CLERK S NOTE: A copy of this Minute Order was mailed to: Anthony Anderson #1082999, Southern Nevada Correctional Center, P.O. Box 208, Indian Springs, NV, 89070-0208. ndo/10/30/18 Judge: Scotti, Richard F. |
|
| October 16, 2018 | Docket Event |
NV Supreme Court Clerks Certificate/Judgment -Remanded Nevada Supreme Court Clerk's Certificate Judgment - Reversed and Remand |
|
| September 25, 2018 | Docket Event |
Notice Judicial Notice Civil Action |
|
| September 25, 2018 | Docket Event | Petition for Writ of Mandamus | |
| September 25, 2018 | Docket Event | Notice of Motion | |
| July 09, 2018 | Docket Event | Motion for Relief from Judgment Pursuant to NRCP Rule 60 (b) | |
| July 09, 2018 | Docket Event | Motion for Relief from Judgment | |
| March 26, 2018 | Docket Event |
Motion for Protective Order Vacated Judge: Scotti, Richard F. |
|
| March 15, 2018 | Docket Event | Case Appeal Statement | |
| March 14, 2018 | Docket Event |
Status Check Vacated Judge: Scotti, Richard F. |
|
| March 14, 2018 | Docket Event | Motion to Strike Memorandum of Law | |
| March 13, 2018 | Docket Event | Notice of Appeal | |
| March 13, 2018 | Docket Event | Designation of Record on Appeal | |
| March 13, 2018 | Docket Event |
Minute Order The Petition for Writ of Habeas Corpus filed 2/06/2017 is hereby sent to Master Calendar, and the Court directs Master Calendar to re-designate it as a criminal petition and file it in the original criminal case (C268406). Judge: Scotti, Richard F. |
|
| March 08, 2018 | Docket Event |
NV Supreme Court Clerks Certificate/Judgment - Dismissed Nevada Supreme Court Clerk's Certificate Judgment - Dismissed |
|
| March 06, 2018 | Docket Event | Case Appeal Statement | |
| March 05, 2018 | Docket Event | Notice of Appeal | |
| March 05, 2018 | Docket Event | Designation of Record on Appeal | |
| March 01, 2018 | Docket Event | Notice of Entry of Order | |
| March 01, 2018 | Docket Event | Memorandum of Law | |
| February 23, 2018 | Docket Event | Order | |
| February 21, 2018 | Docket Event |
Notice of Motion Motion for and Memorandum of Points and Authority in Support of Protective Order to Allow Named Plaintiff to Proceed Using Pseudonym; Notice of Motion |
|
| February 21, 2018 | Docket Event |
Motion for Protective Order Motion for and Memorandum of Points and Authorities in Support of Protective Order to Allow Named Plaintiff to Proceed Using Pseudonym |
|
| February 13, 2018 | Docket Event | Motion for Order of Default Judgment | |
| February 06, 2018 | Docket Event |
Status Check: Dismissal Court summarized the case history that Petitioner Anthony Anderson filed a Post-Conviction Petition of Writ of Habeas Corpus on March 13,2017. Court previously found no service of the Petition on the State of Nevada nor the Attorney General. The Court therefore set a Status Check for June 8,2017 to determine whether the Petitioner has corrected the deficiency of service. The Petitioner served the Office of the Attorney General on March 17,2017. At the Status Check on June 8,2017, neither the Petitioner nor anybody else appeared. Court Ordered that the Petition was dismissed with prejudice. The Petitioner appealed the decision to the Supreme Court and the matter was remanded January 29, 2018. The Court then vacated it's the prior dismissal of the Petition, and sets a further Status Check for this matter on Tuesday, February 6,2018. Court noted that the Anthony Anderson was incarcerated in NDOC and was being transported to the February 6, 2018 hearing. The Defendant unfortunately was not transported in a timely manner and was not present at the hearing. Court advised that the Petitioner was not appointed counsel for a post conviction relief. COURT ORDERED, matter CONTINUED for further status check March 14, 2018, 9:00am. Petitioner to be transported by NDOC. Gary Walters an independent research analyst, present, submitted a document for the Court to review before the next status check. CLERK'S NOTE: a copy of this minute order was forwarded to: Anthony Anderson and Attorney General. Judge: Scotti, Richard F. |
|
| January 29, 2018 | Docket Event | Order to Transport | |
| January 29, 2018 | Docket Event | Order Vacating Dismissal and Setting Status Check | |
| January 08, 2018 | Docket Event |
Hearing Notice of Reconsideration Court will issue an Order resolving this Matter. CLERK'S NOTE: The above minute order has been distributed to: Anthony K. Anderson #1082999, (Southern Desert Correctional Center, P.O. Box 208, Indian Springs, NV 89070-0208) and Attorney General for the State of Nevada, (100 North Carson St., Carson City, NV 89701). aw Judge: Scotti, Richard F. |
|
| December 21, 2017 | Docket Event |
Order Notice of Reconsideration |
|
| September 26, 2017 | Docket Event | Case Appeal Statement | |
| September 20, 2017 | Docket Event | Designation of Record on Appeal | |
| September 20, 2017 | Docket Event | Notice of Appeal | |
| September 18, 2017 | Docket Event |
Order to Statistically Close Case Civil Order to Statistically Close Case |
|
| August 31, 2017 | Docket Event | Motion for Status of Case; Update of Court Actions and/or Clarification of Pending Proceedings | |
| August 21, 2017 | Docket Event |
Case Reassigned to Department 2 Civil Case Reassignment to Judge Richard F. Scotti |
|
| July 13, 2017 | Docket Event | Notice of Motion Status Check / Judicial Notice | |
| June 08, 2017 | Docket Event |
Status Check: Service COURT FINDS sufficient time to correct procedural errors and ORDERED, Petition DISMISSED WITH PREJUDICE for failure to serve Defendant/Respondent. Judge: Bailus, Mark B |
|
| June 05, 2017 | Docket Event |
Administrative Reassignment - Judicial Officer Change From Judge David Barker to Judge Mark B\. Bailus 
Judge: ChangeFrom Judge David Barker to Judge Mark B. Bailus |
|
| March 17, 2017 | Docket Event | Notice of Motion | |
| March 13, 2017 | Docket Event | Petition: Expeditious Judicial Examination with Provisions of U.S. Const: Articl #1 Section #9 | |
| February 28, 2017 | Docket Event |
Motion for Appointment of Attorney Court Finds no service of the petition on the State of Nevada nor Nevada Attorney General. COURT ORDERS, Motion for Appointment of Counsel is DENIED. Court Finds there is no statutory requirement for the Court to appoint counsel on a post-conviction relief by way of habeas corpus. COURT ORDERS, matter set for status check to determine service. If there is no service by Petitioner on 06/08/17, the petition will be Dismissed for failure to serve. 06/8/17 9:00 a.m. STATUS CHECK: SERVICE CLERK'S NOTE: The above minute order has been distributed to: Anthony K Anderson, ID No. 1082999, Southern Desert Correction Center, 20825 Cold Creek Road, P.O. Box 208, Indian Springs Nevada 89070. Judge: Loehrer, Sally |
|
| February 06, 2017 | Docket Event | Ex Parte Motion for Appointment of Counsle; Evidentiary Hearing Requested | |
| February 06, 2017 | Docket Event |
Inmate Filed - Petition for Writ of Habeas Corpus An Original Action in Proceeding for Petition for Writ of Habeas Corpus in Accordance to the Provisions Allowed in Bible v. Malone Decision |
|
| February 06, 2017 | Docket Event | Order to Proceed in Forma Pauperis (Sealed) | |
| January 27, 2017 | Docket Event |
Application to Proceed in Forma Pauperis Application to Proceed Informa Pauperis (Sealed) |
