Alcaraz v. Williams et al

Filing 43

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)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JUAN M. ALCARAZ,
Petitioner,

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2:13-cv-00818-JCM-PAL
ORDER

vs.
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BRIAN WILLIAMS, et al.,

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Respondents.

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Following upon the court’s prior order directing substitution of counsel,

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IT IS ORDERED that Gia A McGillivray, Esq., 8275 S. Eastern Ave, Suite 200, Las

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Vegas, NV 89123, (702) 406-940, is appointed as counsel for petitioner pursuant to 18 U.S.C.

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§ 3006A(a)(2)(B). Counsel will represent petitioner in all federal proceedings related to this

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matter, including any appeals or certiorari proceedings, unless allowed to withdraw.

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IT FURTHER IS ORDERED that petitioner shall have until up to and including one

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hundred twenty (120) days from entry of this order within which to file an amended petition

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and/or seek other appropriate relief. Neither the foregoing deadline nor any extension thereof

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signifies or will signify any implied finding as to the expiration of the federal limitation period

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and/or of a basis for tolling during the time period established. Petitioner at all times remains

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responsible for calculating the running of the federal limitation period and timely asserting

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claims, without regard to any deadlines established or extensions granted herein. That is, by

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setting a deadline to amend the petition and/or by granting any extension thereof, the court

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makes no finding or representation that the petition, any amendments thereto, and/or any

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claims contained therein are not subject to dismissal as untimely. See Sossa v. Diaz, 729

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F.3d 1225, 1235 (9th Cir. 2013).

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IT FURTHER IS ORDERED that respondents shall file a response to the amended

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petition, including potentially by motion to dismiss, within sixty (60) days of service of an

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amended petition and that petitioner may file a reply thereto within thirty (30) days of service

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of the answer. The response and reply time to any motion filed by either party, including a

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motion filed in lieu of a pleading, shall be governed instead by LR 7-2(b) of the local rules.

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IT FURTHER IS ORDERED that the remaining provisions in the court’s prior

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scheduling order, in ECF No. 39, at 2-3, with regard to the assertion of defenses, the filing of

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exhibits, and the delivery of hard copies of exhibits to the Reno clerk’s office remain in full

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force and effect

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Following entry of Ms. McGillivray as counsel of record on the docket, the clerk of court

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shall provide counsel, upon her request, with a single set of electronic copies of all prior filings

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herein in a manner consistent with the clerk’s current practice, such as regeneration of notices

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of electronic filing.

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The clerk further shall send a copy of this order to the petitioner in proper person at the

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last institutional address in the record and reflect said transmittal either via the notice of

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electronic filing or on the docket, in a manner consistent with the clerk’s current practice.

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DATED: October 25, 2017.

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_________________________________
JAMES C. MAHAN
United States District Judge

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