Guerrero v. Williams et al

Filing 8

ORDER that the FPD is released as counsel. FURTHER ORDERED that CJA Attorney Mario D Valencia is appointed to represent petitioner. Signed by Judge James C. Mahan on 4/12/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PABLO RAMON GUERRERO,

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Petitioner,

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vs.

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BRIAN E. WILLIAMS, et al.,

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Respondents.

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2:13-CV-00328-JCM-CWH
ORDER

The court previously appointed the Federal Public Defender to represent the petitioner
(ECF #5).

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

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with the petitioner, and has indicated to the court its inability to further represent the petitioner. The

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court's Criminal Justice Act designee has, however, located counsel, Mario Valencia, 1055 Whitney

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Ranch Drive, Henderson, NV 89014, tel.: [phone], who is willing to be appointed to represent

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the petitioner herein.

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

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IT IS FURTHER ORDERED that Mario Valencia is APPOINTED to represent the

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petitioner herein. Mr. Valencia is a Criminal Justice Act panel attorney for the United States District

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Court, District of Nevada. Mr. Valencia shall represent petitioner in all future proceedings in this court

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relating to this matter (including subsequent actions) and appeals therefrom, pursuant to 18. U.S.C.

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section 3006A (a)(2)(B), until allowed to withdraw.

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

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

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

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

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

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

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

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

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

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

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

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petitioner is challenging herein.

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

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

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

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

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April 12, 2013.
Dated, this ___ day of April, 2013.

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____________________________________
UNITED STATES DISTRICT JUDGE

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