Young v. Williams et al

Filing 15

ORDER Granting Petitioner's 13 Motion/Application for Leave to Proceed in forma pauperis. The clerk of the court shall file the petition for a writ of habeas corpus. Petitioner's 2 MOTION for Appointment of Counsel is Granted. Th e Federal Public Defender is provisionally appointed to represent petitioner. Respondents' counsel shall enter a notice of appearance within 20 days of entry of this order. Signed by Judge Richard F. Boulware, II on 9/23/2014. (Copies have been distributed pursuant to the NEF - copy of Petition and this Order electronically sent to Attorney General and FPD - SLD)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DANNY ANDREW YOUNG,

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Petitioner,

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vs.

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BRIAN WILLIAMS, et al.,

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Case No. 2:12-cv-00524-RFB-NJK

Respondents.

ORDER

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Petitioner has submitted an application to proceed in forma pauperis (#13). The court finds that

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petitioner is unable to pay the filing fee. He has also submitted a motion for appointment of counsel

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(#2). Petitioner is unable to afford counsel, and the issues presented warrant the appointment of

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counsel. See 18 U.S.C. § 3006A(a)(2)(B).

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (#13) is
GRANTED. Petitioner need not pay the filing fee of five dollars ($5.00).

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IT IS FURTHER ORDERED that the clerk of the court shall file the petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254, which currently is attached to the original application to proceed

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in forma pauperis (#1).

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IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (#2) is
GRANTED. The Federal Public Defender is provisionally appointed to represent petitioner.

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IT IS FURTHER ORDERED that the Federal Public Defender shall have thirty (30) days from

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the date that this order is entered to undertake direct representation of petitioner or to indicate to the

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court his inability to represent petitioner in these proceedings. If the Federal Public Defender does

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undertake representation of petitioner, he shall then have sixty (60) days to file an amended petition for

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a writ of habeas corpus. If the Federal Public Defender is unable to represent petitioner, then the court

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shall appoint alternate counsel.

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IT IS FURTHER ORDERED that neither the foregoing deadline nor any extension thereof

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signifies or will signify any implied finding of a basis for tolling during the time period established.

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Petitioner at all times remains responsible for calculating the running of the federal limitation period

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and timely asserting claims.

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IT IS FURTHER ORDERED that the clerk shall add Catherine Cortez Masto, Attorney General
for the State of Nevada, as counsel for respondents.

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IT IS FURTHER ORDERED that the clerk shall electronically serve both the Attorney General

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of the State of Nevada and the Federal Public Defender a copy of the petition and a copy of this order.

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IT IS FURTHER ORDERED that respondents’ counsel shall enter a notice of appearance within

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twenty (20) days of entry of this order, but no further response shall be required from respondents until

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further order of the court.

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IT IS FURTHER ORDERED that any exhibits filed by the parties shall be filed with a separate

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index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments that are filed

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further shall be identified by the number or numbers (or letter or letters) of the exhibits in the

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attachment. The hard copy of any additional state court record exhibits shall be forwarded—for this

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case—to the staff attorneys in Las Vegas.

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DATED: September 23, 2014.

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_________________________
_________________________
RICHARD F. BOULWARE, II
RICHARD F. BOULWARE, II
United States District Judge
United States District Judge

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