Alcaraz v. Williams et al
ORDER. IT IS ORDERED that Gia A McGillivray, Esq. is appointed as counsel for petitioner pursuant to 18 U.S.C. § 3006A(a)(2)(B). IT FURTHER IS ORDERED that petitioner shall have until up to and including one hundred twenty (120) days from entry of this order within which to file an amended petition and/or seek other appropriate relief. Signed by Judge James C. Mahan on 10/25/17. (Copies have been distributed pursuant to the NEF - cc: Petitoner - ADR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JUAN M. ALCARAZ,
BRIAN WILLIAMS, et al.,
Following upon the court’s prior order directing substitution of counsel,
IT IS ORDERED that Gia A McGillivray, Esq., 8275 S. Eastern Ave, Suite 200, Las
Vegas, NV 89123, (702) 406-940, is appointed as counsel for petitioner pursuant to 18 U.S.C.
§ 3006A(a)(2)(B). Counsel will represent petitioner in all federal proceedings related to this
matter, including any appeals or certiorari proceedings, unless allowed to withdraw.
IT FURTHER IS ORDERED that petitioner shall have until up to and including one
hundred twenty (120) days from entry of this order within which to file an amended petition
and/or seek other appropriate relief. Neither the foregoing deadline nor any extension thereof
signifies or will signify any implied finding as to the expiration of the federal limitation period
and/or of a basis for tolling during the time period established. Petitioner at all times remains
responsible for calculating the running of the federal limitation period and timely asserting
claims, without regard to any deadlines established or extensions granted herein. That is, by
setting a deadline to amend the petition and/or by granting any extension thereof, the court
makes no finding or representation that the petition, any amendments thereto, and/or any
claims contained therein are not subject to dismissal as untimely. See Sossa v. Diaz, 729
F.3d 1225, 1235 (9th Cir. 2013).
IT FURTHER IS ORDERED that respondents shall file a response to the amended
petition, including potentially by motion to dismiss, within sixty (60) days of service of an
amended petition and that petitioner may file a reply thereto within thirty (30) days of service
of the answer. The response and reply time to any motion filed by either party, including a
motion filed in lieu of a pleading, shall be governed instead by LR 7-2(b) of the local rules.
IT FURTHER IS ORDERED that the remaining provisions in the court’s prior
scheduling order, in ECF No. 39, at 2-3, with regard to the assertion of defenses, the filing of
exhibits, and the delivery of hard copies of exhibits to the Reno clerk’s office remain in full
force and effect
Following entry of Ms. McGillivray as counsel of record on the docket, the clerk of court
shall provide counsel, upon her request, with a single set of electronic copies of all prior filings
herein in a manner consistent with the clerk’s current practice, such as regeneration of notices
of electronic filing.
The clerk further shall send a copy of this order to the petitioner in proper person at the
last institutional address in the record and reflect said transmittal either via the notice of
electronic filing or on the docket, in a manner consistent with the clerk’s current practice.
DATED: October 25, 2017.
JAMES C. MAHAN
United States District Judge
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