Moore v. Masto et al

Filing 6

ORDER Granting in Part and Denying in Part 3 Motion/Application for Leave to Proceed in forma pauperis. The 4 Motion to Appoint Counsel is Granted. The Clerk of the court shall send a copy of this order to Michael Pescetta and serve the respo ndents by certified mail with a copy of this order and a copy of the petition for writ of habeas corpus. Respondents' counsel shall file a notice of appearance of counsel within 30 days from the date of entry of this order. Signed by Judge James C. Mahan on 4/25/2013. (Copies have been distributed pursuant to the NEF - cc: Michael Pescetta; mailed copies via certified mail to respondents- SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RANDOLPH L. MOORE,

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Petitioner,

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vs.

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RENEE BAKER, et al.,

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Respondents.

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2:13-cv-0655-JCM-CWH
ORDER

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This action is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 by

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Randolph L. Moore, a Nevada prisoner under sentence of death. Moore filed a pro se habeas corpus

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petition (ECF No. 1) on April 18, 2013. He paid the $5 filing fee.

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Despite the fact that he paid the $5 filing fee, Moore also filed an application for leave to

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proceed in forma pauperis (ECF No. 3). In view of the information provided in that application

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regarding his financial status, the court will grant Moore’s motion in part and deny it in part. The

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court will not waive payment of the $5 filing fee, but, based on the information in his application,

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will grant Moore leave to proceed in forma pauperis with respect to subsequent fees and costs.

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In addition, Moore filed a motion for appointment of counsel (ECF No. 4). The information

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provided in Moore’s application for leave to proceed in forma pauperis shows that he lacks the

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resources necessary to employ counsel for this capital habeas corpus action. Therefore, pursuant to

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18 U.S.C. § 3599, and in the interests of justice, the Federal Public Defender for the District of

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Nevada (FPD) shall be appointed to represent Moore. If the FPD is unable to represent Moore, due

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to a conflict of interest or other reason, then alternate counsel will be located and appointed by the

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court. Moore’s appointed counsel will represent him in all subsequent proceedings, pursuant to

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18 U.S.C. § 3599(e), unless and until allowed to withdraw.

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IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma pauperis

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(ECF No. 3) is GRANTED IN PART AND DENIED IN PART. The application to proceed in

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forma pauperis is DENIED with respect to waiver of payment of the filing fee, but GRANTED

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with respect to subsequent fees and costs.

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IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel

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(ECF No. 4) is GRANTED. The Federal Public Defender for the District of Nevada is appointed to

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represent petitioner. The federal public defender shall have 30 days from the date of entry of this

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order to undertake representation of petitioner or to indicate to the court its inability to represent

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petitioner in these proceedings.

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IT IS FURTHER ORDERED that the clerk of the court shall send a copy of this order to

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Michael Pescetta, Capital Habeas Division, Office of the Federal Public Defender, 411 East

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Bonneville Ave., Ste. 250, Las Vegas, NV 89101.

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IT IS FURTHER ORDERED that the clerk of the court shall SERVE the respondents,

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by certified mail, with a copy of this order and a copy of the petition for writ of habeas corpus

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(ECF No. 1).

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

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counsel within 30 days from the date of entry of this order. Respondents need not respond to the

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habeas corpus petition unless and until ordered by the court to do so.

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April 25, day of
Dated this _____2013. April 2013.

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_________________________________________
UNITED STATES DISTRICT JUDGE
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