Leavitt v. Neven et al

Filing 12

ORDER that the Federal Public Defender is released as counsel. IT IS FURTHER ORDERED that Attorney Todd M Leventhal is appointed as counsel for Cody Leavitt. Counsel for petitioner and respondents shall file a joint statement within 45 days. Amended petition due within 90 days. Respondent shall have 30 days to answer or respond to amended petition. Signed by Judge James C. Mahan on 8/15/12. (Copies have been distributed pursuant to the NEF - cc: CJA administrator - EDS)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8

CODY LEAVITT,

9

Petitioner,

10

vs.

11

DWIGHT NEVEN, et al.,

12

Respondents

)
)
)
)
)
)
)
)
)
)

CASE NO. 2:12-CV-00987-JCM-CWH
ORDER RELEASING FPD AND
APPOINTING ALTERNATE COUNSEL

13
14
15

The court previously appointed the Federal Public Defender to represent the petitioner
(ECF No. 6).

16

The Federal Public Defender (herein "FPD") has identified a conflict of interest with the

17

petitioner, and has indicated to the Court their inability to further represent the petitioner. The court's

18

Criminal Justice Act Designee has, however, located counsel, Todd Leaventhal, who is willing to be

19

appointed to represent the petitioner herein.

20

IT IS THEREFORE ORDERED that the FPD is hereby released as counsel.

21

IT IS FURTHER ORDERED that Todd Leaventhal, is hereby APPOINTED to

22

represent the petitioner herein. Mr. Leaventhal, is a Criminal Justice Act panel attorney for the United

23

States District Court, District of Nevada. Mr. Leaventhall shall represent petitioner in all future

24

proceedings in this court relating to this matter (including subsequent actions) and appeals therefrom,

25

pursuant to 18. U.S.C. Section 3006A (a)(2)(B), until allowed to withdraw.

26

IT IS FURTHER ORDERED that CJA counsel for petitioner shall meet with petitioner

27

as soon as reasonably possible to: (a) review the procedures applicable in cases under 28 U.S.C. Section

28

-1-

1

2254; (b) discuss and explore with petitioner, as fully as possible, the potential grounds for habeas

2

corpus relief in petitioner's case; and (c) advise petitioner that all possible grounds for habeas corpus

3

relief must be raised at this time and that the failure to do so will likely result in the omitted grounds

4

being barred from future review under the rules regarding abuse of writ.

5

IT IS FURTHER ORDERED that counsel for petitioner and counsel for respondents

6

shall within forty-five (45) days file a joint statement describing what portions of petitioner's state court

7

record have been obtained and what portions are missing. Counsel for respondents should make

8

available to counsel for petitioner (photocopying costs at the latter's expense), as soon as reasonably

9

possible, a copy of whatever portions of the state court record they possess regarding the judgment

10

petitioner is challenging herein.

11

IT IS FURTHER ORDERED that counsel for petitioner shall file an amended petition

12

for writ of habeas corpus within ninety (90) days, which shall include all known grounds for relief (both

13

exhausted and unexhausted). Respondent shall have thirty (30) days after the filing of the amended

14

petitioner within which to answer, or otherwise respond to, the amended petition.

15

Dated, August 15, 2012.
this ___ day of August, 2012.

16
17
____________________________________
UNITED STATES DISTRICT JUDGE

18
19
20
21
22
23
24
25
26
27
28

-2-

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-

1

t

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-4-