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Bradford v. Filson

United States District Court, D. Nevada

April 12, 2018

JULIUS BRADFORD, Petitioner,
v.
TIMOTHY FILSON, et al., Respondents.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         Introduction

         This action is a pro se petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, by Julius Bradford, a Nevada prisoner. The respondents have filed a motion to dismiss. In turn, Bradford has filed a motion for evidentiary hearing relative to the motion to dismiss. Both motions are fully briefed and before the Court for resolution. The Court will deny the motion to dismiss without prejudice to the respondents raising the same procedural default defenses in their answer, and the Court will deny the motion for evidentiary hearing as moot, without prejudice to Bradford requesting an evidentiary hearing relative to the merits of his claims, as contemplated by the scheduling order in the case.

         Background

         Bradford was convicted in 2007, in Nevada's Eighth Judicial District Court, in Clark County, of first degree murder with use of a deadly weapon and attempted robbery with use of a deadly weapon, and he was sentenced to two consecutive sentences of twenty years to life in prison for the murder with use of a deadly weapon, and two consecutive sentences of two to six years in prison, for the attempted robbery with use of a deadly weapon, to be served concurrently with the life sentences. See Amended Judgment of Conviction, Exhibit 102 (ECF No. 28-15).

         Bradford appealed. See Appellant's Opening Brief, Exhibit 106 (ECF No. 28-19). The Nevada Supreme Court affirmed Bradford's conviction and sentence on June 30, 2009. See Order of Affirmance, Exhibit 111 (ECF No. 29-4). Bradford filed a petition for rehearing, and a petition for en banc reconsideration, both of which were denied. See Petition for Rehearing, Exhibit 112 (ECF No. 29-5); Order Denying Rehearing, Exhibit 113 (ECF No. 29-6); Petition for En Banc Reconsideration, Exhibit 114 (ECF No. 29-7); Order Denying En Banc Reconsideration, Exhibit 115 (ECF No. 29-8).

         Bradford then filed a petition for writ of habeas corpus in the state district court. See Petition for Writ of Habeas Corpus (Post Conviction), Exhibit 123 (ECF No. 29-18). The state district court denied Bradford's petition on May 13, 2011. See Findings of Fact, Conclusions of Law and Order, Exhibit 127 (ECF No. 29-22). Bradford appealed. See Appellant's Opening Brief, Exhibit 147 (ECF No. 32). The Nevada Supreme Court affirmed on July 23, 2013. See Order of Affirmance, Exhibit 154 (ECF No. 34).

         On May 4, 2012, Bradford filed a second petition for writ of habeas corpus in the state district court. See Petition for Writ of Habeas Corpus (Post-Conviction), Exhibit 138 (ECF No. 30-3). The state district court dismissed that petition on July 30, 2012, upon a motion by the State, ruling Bradford's claims to be successive and time-barred. See Order Granting State's Response and Motion to Dismiss Defendant's Petition for Writ of Habeas Corpus (Post-Conviction), Exhibit 141 (ECF No. 31-2). Bradford appealed. See Appellant's Opening Brief, Exhibit 150 (ECF No. 33). The Nevada Supreme Court affirmed on October 16, 2014. See Order of Affirmance, Exhibit 174 (ECF No. 42-3). Bradford filed a petition for rehearing, which was denied. See Petition for Rehearing, Exhibit 175 (ECF No. 42-4); Order Denying Rehearing, Exhibit 186 (ECF No. 62-4).

         This Court received Bradford's federal petition for writ of habeas corpus, initiating this action, on September 27, 2013 (ECF No. 1). On December 3, 2013, the Court appointed the federal public defender's office to represent Bradford. See Order entered December 3, 2013 (ECF No. 16). With counsel, Bradford filed an amended habeas petition on August 12, 2014 (ECF No. 22).

         On March 31, 2015, this action was stayed, upon a motion by Bradford, pending Bradford's further exhaustion of claims in state court. See Motion to Stay and Abey (ECF No. 41); Order entered March 31, 2015 (ECF No. 53).

         Bradford filed a third state-court petition for writ of habeas corpus in the state district court on August 29, 2014. See Petition for Writ of Habeas Corpus (Post-Conviction), Exhibit 172 (ECF No. 42-1). The state district court dismissed that petition on March 25, 2015, upon a motion by the State, ruling Bradford's claims to be time-barred. See Findings of Fact, Conclusions of Law and Order, Exhibit 189 (ECF No. 62-7). Bradford appealed. See Appellant's Opening Brief, Exhibit 193 (ECF No. 62-11). The Nevada Supreme Court affirmed on July 27, 2016. See Order of Affirmance, Exhibit 197 (ECF No. 62-15).

         Back in this Court, the stay of this action was lifted on January 13, 2017, and Bradford filed a second amended habeas petition, which is now his operative petition. See Order entered January 13, 2017 (ECF No. 66); Second Amended Petition for a Writ of Habeas Corpus (ECF No. 67).

         The respondents filed their motion to dismiss (ECF No. 73) on September 11, 2017. Bradford filed an opposition to the motion to dismiss (ECF No. 76) and his motion for evidentiary hearing (ECF No. 77) on November 27, 2017. Respondents filed a reply in support of their motion to dismiss (ECF No. 85) and an opposition to the motion for evidentiary hearing (ECF No. 86), on February 15, 2018. ...


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