Cary W. Williams v. E. K. McDaniel, et al (DEATH PENALTY)

Filing 325

ORDER Granting 324 Stipulation. IT IS ORDERED that the Nevada Department of Corrections shall transport Cary Williams, NDOC #17919, to Ely State Prison as soon as practical. Signed by Judge Andrew P. Gordon on 7/1/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:98-cv-00056-APG-VCF Document 324 Filed 07/01/22 Page 1 of 4

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Rene L. Valladares
Federal Public Defender
Nevada Bar No. 11479
Randolph M. Fiedler
Assistant Federal Public Defender
Nevada Bar No. 12577
[e-mail]
Heather Fraley
Assistant Federal Public Defender
Texas Bar No. 24050621
[e-mail]
Lisa Brunner
Assistant Federal Public Defender
Pennsylvania Bar No. 318543
[e-mail]
411 E. Bonneville Ave., Ste. 250
Las Vegas, NV 89101
[phone]
[phone] (fax)

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Attorneys for Petitioner

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Cary Williams,

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Petitioner,
v.
William Gittere, et al.,
Respondents.

Case No. 2:98-cv-00056-APG-VCF
Stipulation and Proposed Order
Regarding Transport of Cary
Williams
DEATH PENALTY CASE

Case 2:98-cv-00056-APG-VCF Document 324 Filed 07/01/22 Page 2 of 4

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In late April of this year, this Court issued an order to transport Mr.

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Williams from Ely State Prison to High Desert State Prison in anticipation of an

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evidentiary hearing in May. ECF No. 314. The parties file this stipulation and draft

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order to transport Mr. Williams back to Ely State Prison.

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IT IS HEREBY STIPULATE AND AGREED that:

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1.

Pursuant to agreement between the parties and as requested by the

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parties, this Court issued an order to transport Cary Williams to High Desert State

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Prison for an evidentiary hearing that took place on May 18, 19, and 20 of this year.

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See ECF No. 314; see also ECF Nos. 319–20. That hearing is now complete, and Mr.

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Williams’s presence in High Desert State Prison is no longer necessary for the

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purposes of the hearing.
2.

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When the hearing concluded, the parties were informed an order of the

Court would not be necessary to transport Mr. Williams back to Ely State Prison.
3.

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To date, Mr. Williams has still not been transported back to Ely State

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Prison. The parties have now received information suggesting that a written Court

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order is, in fact, necessary for Mr. Williams to be transported back to Ely State

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Prison.

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Case 2:98-cv-00056-APG-VCF Document 324 Filed 07/01/22 Page 3 of 4

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4.

After conferring, the parties agreed to file this stipulation and draft

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order, ordering the Nevada Department of Corrections to transport Mr. Williams

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back to Ely State Prison forthwith.

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Dated this 1st day of July, 2022.
Rene L. Valladares
Federal Public Defender

Aaron Ford
Attorney General of Nevada

/s/ Randolph M. Fiedler

/s/ Charles L. Finlayson

Randolph M. Fiedler
Assistant Federal Public Defender

Charles L. Finlayson
Senior Deputy Attorney General

/s/ Heather Fraley

Heather Fraley
Assistant Federal Public Defender

/s/ Lisa Brunner

Lisa Brunner
Assistant Federal Public Defender

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Case 2:98-cv-00056-APG-VCF Document 324 Filed 07/01/22 Page 4 of 4

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ORDER
The parties have submitted a stipulation requesting this Court to order the

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Nevada Department of Corrections to transport Petitioner Cary Williams to Ely

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State Prison. Based on this stipulation and for good cause shown:

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IT IS ORDERED that the Nevada Department of Corrections shall

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transport Cary Williams, NDOC #17919, to Ely State Prison as soon as practical.

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July
1st day of __________________,
Dated this ______
2022.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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