Joshlin v. Neven et al

Filing 7

ORDER Granting 3 Petitioner's Motion/Application for Leave to Proceed in forma pauperis and Granting 4 Petitioner's Motion to Appoint Counsel. The Federal Public Defender is provisionally appointed to represent Petitioner. IT IS F URTHER ORDERED that the Federal Public Defender shall have 30 days to undertake direct representation of Petitioner or to indicate to the court his inability to represent Petitioner in these proceedings. If the Federal Public Defender does underta ke representation of petitioner, he shall then have 60 days to file an Amended Petition. The Clerk shall add Catherine Cortez Masto, Attorney General for the State of Nevada, as counsel for Respondents and electronically serve both the Attorney Ge neral of the State of Nevada and the Federal Public Defender a copy of the 1 Petition and a copy of this Order. Respondents counsel shall enter a notice of appearance within 20 days. Signed by Judge Jennifer A. Dorsey on 11/26/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PIERRE DONTE’ JOSHLIN,

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Petitioner,

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vs.

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Case No. 2:13-cv-01014-JAD-NJK

DWIGHT NEVEN, et al.,

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ORDER

Respondents.

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Petitioner, who is a prisoner in the custody of the Nevada Department of Corrections, has

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submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (#1), an application to

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proceed in forma pauperis (Doc. 3), and a motion for appointment of counsel (Doc. 4). Petitioner is

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unable to afford counsel, and the issues presented warrant the appointment of counsel. See 18

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U.S.C. § 3006A(a)(2)(B).

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (Doc.
3) is GRANTED.
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (Doc. 4)
is GRANTED. The Federal Public Defender is provisionally appointed to represent petitioner.

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IT IS FURTHER ORDERED that the Federal Public Defender shall have thirty (30) days

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from the date that this order is entered to undertake direct representation of petitioner or to indicate

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to the court his inability to represent petitioner in these proceedings. If the Federal Public Defender

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does undertake representation of petitioner, he shall then have sixty (60) days to file an amended

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petition for a writ of habeas corpus. If the Federal Public Defender is unable to represent petitioner,

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then the court shall appoint alternate counsel.

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IT IS FURTHER ORDERED that the clerk shall add Catherine Cortez Masto, Attorney
General for the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the clerk shall electronically serve both the Attorney

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General of the State of Nevada and the Federal Public Defender a copy of the petition (Doc. 1) and

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a copy of this Order.

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IT IS FURTHER ORDERED that respondents’ counsel shall enter a notice of appearance
within twenty (20) days of entry of this Order, but no further response shall be required from
respondents until further order of the court.
IT IS FURTHER ORDERED that any exhibits filed by the parties shall be filed with a

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separate index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments

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that are filed further shall be identified by the number or numbers (or letter or letters) of the exhibits

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in the attachment. The hard copy of any additional state court record exhibits shall be

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forwarded—for this case—to the staff attorneys in Las Vegas.

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DATED: November 26, 2013.

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_________________________________
JENNIFER A. DORSEY
United States District Judge

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