Reberger v. State of Nevada et al

Filing 128

ORDER - The writ of habeas corpus is satisfied, and the Clerk of Court is accordingly directed to close this case. See attached PDF Order for specifications. Signed by Chief Judge Miranda M. Du on 4/19/2022. (Copies have been distributed pursuant to the NEF - HKL)

Case 3:13-cv-00071-MMD-CLB Document 128 Filed 04/19/22 Page 1 of 1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LANCE REBERGER,

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Case No. 3:13-cv-00071-MMD-CLB
Petitioner,

ORDER

v.
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RENEE BAKER, et al.,
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Respondents.
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On March 23, 2020, this Court granted Petitioner Lance Reberger’s Second

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Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. (ECF No.

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104.) The Court ordered Reberger to be released from custody unless the Respondents

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filed a written notice of election to retry Reberger and commenced proceedings toward

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the retrial within 180 days. (Id. at 61.) Respondents filed a notice of election to retry

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Reberger on May 22, 2020. (ECF No. 114.) Thereafter, the parties sought—and the Court

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granted—several requests to extend the deadline for commencement of Reberger’s

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retrial. (See ECF Nos. 117, 124, 127.) This Court takes judicial notice of the online docket

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records of the Eighth Judicial District Court for Clark County, which shows that (1)

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Reberger’s November 29, 2021, trial date was vacated, (2) Reberger entered into a guilty

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plea agreement pursuant to Alford on December 20, 2021, (3) Reberger was resentenced

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on February 4, 2022, and (4) a new judgment of conviction was entered on February 8,

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2022.1

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It is therefore ordered that the writ of habeas corpus is satisfied, and the Clerk of
Court is accordingly directed to close this case.
DATED THIS 19th Day of April 2022.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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1The

online docket records of the Eighth Judicial District Court for Clark County
may be accessed by the public online at: https://www.clarkcountycourts.us.