Agavo v. Neven et al

Filing 4

ORDER that Petitioner's motion for appointment of counsel [1-2] is GRANTED. The Office of the Federal Public Defender is appointed to represent petitioner. IT IS FURTHER ORDERED that the clerk of court shall electronically serve FPD with a co py of this order, together with a copy of the petition and its attachments. FPD shall have 30 days from the date of entry of this order to undertake direct representation of petitioner or indicate to the court its inability to represent. IT IS FURTHER ORDERED that the clerk shall send a copy of this order to the court's CJA coordinator. Signed by Judge James C. Mahan on 12/17/2013. (Copies have been distributed pursuant to the NEF - cc: FPD and CJA - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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REYNALDO AGAVO,
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Petitioner,
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vs.
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DWIGHT NEVEN, et al.,
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Respondents.
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____________________________________/

2:13-cv-01741-JCM-CWH
ORDER

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,
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by a Nevada state prisoner. The petition was received by the court on September 23, 2013. (ECF
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No. 1).
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Petitioner has submitted a motion for the appointment of counsel. (ECF No. 1-2). The
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petition submitted in this action includes many claims, the contents of which suggest that it may be a
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relatively complex petition. Further, petitioner informs the court that he does not speak or write
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English, and that an inmate helped him prepare his motion for appointment of counsel. Petitioner is
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serving a sentence of life with the possibility of parole after twenty years. Good cause appearing, the
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court grants petitioner’s motion for the appointment of counsel.
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Therefore, the office of the federal public defender for the district of Nevada (FPD) shall be

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appointed to represent petitioner. If the FPD is unable to represent petitioner, due to a conflict of

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interest or other reason, then alternate counsel for petitioner shall be located, and the court will enter

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a separate order appointing such alternate counsel. In either case, counsel will represent petitioner in

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all future federal proceedings relating to this matter (including subsequent actions) and appeals

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therefrom, unless allowed to withdraw.

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

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(ECF No. 1-2) is GRANTED. The office of the federal public defender is appointed to represent

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petitioner.

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IT IS FURTHER ORDERED that the clerk of court SHALL ELECTRONICALLY

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SERVE the office of the federal public defender for the district of Nevada (FPD) a copy of this

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order, together with a copy of the petition for writ of habeas corpus and its attachments (ECF No. 1).

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The FPD shall have thirty (30) days from the date of entry of this order to undertake direct

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representation of petitioner or to indicate to the court its inability to represent petitioner in these

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proceedings.

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IT IS FURTHER ORDERED that the clerk of court SHALL SEND a copy of this order to
the court’s CJA Coordinator.
IT IS FURTHER ORDERED that, after counsel has appeared for petitioner in this case, the

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court will issue a scheduling order, which will, among other things, set a deadline for the filing of a

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first amended petition.

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December day of December, 2013.
Dated this ______ 17, 2013.

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UNITED STATES DISTRICT JUDGE
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