Banuelos v. Smith et al

Filing 57

JUDGMENT. Signed by Clerk of Court Debra K. Kempi on 7/13/2017. (Copies have been distributed pursuant to the NEF - KR)

AO 450 (Rev. 5/85) Judgment in a Civil Case r

UNITED STATES DISTRICT COURT
*****

DISTRICT OF

NEVADA

ENRIQUE BANUELOS,
Petitioner,

JUDGMENT IN A CIVIL CASE

v.
CASE NUMBER: 3:11-cv-00896-MMD-VPC
GREG SMITH, et al.,
Respondent(s).

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried
and the jury has rendered its verdict.
Decision by Court. This action came to trial or hearing before the Court. The issues have been
tried or heard and a decision has been rendered.
X

Decision by Court. This action came to be considered before the Court. The issues have been
considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that the petition is denied on the basis of procedural
default and, in the alternative, on the merits, and that this action is dismissed with prejudice.
IT IS FURTHER ORDERED that a certificate of appealability is granted in part and denied in
part. A certificate of appealability is granted as to the portion of Ground 1(A) alleging that petitioner
was denied effective assistance of counsel because counsel allowed the sentencing court to operate under
the view that the plea negotiations included a recommendation only of a sentence of life with parole
eligibility. A certificate of appealability is denied as to all remaining claims as reasonable jurists would
not find the district court’s decision as to those claims to be debatable or incorrect

July 13, 2017

DEBRA K. KEMPI
Clerk

/s/ K. Rusin
Deputy Clerk