Bradford v. Baker

Filing 16

ORDER Denying 3 Application for Leave to Proceed in forma pauperis. Payment of filing fees due within 30 days. Granting 2 and 15 Motion to Appoint Counsel. The Federal Public Defender's Office is appointed as counsel for petiti oner in place and stead of Attorney Lisa A Rasmussen. Amended Petition due within 150 days. Respondents' counsel shall enter a notice of appearance within 21 days. Signed by Judge Gloria M. Navarro on 12/3/2013. (Copies have been distributed pursuant to the NEF; CC: CJRA Coordinator - SLR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JULIUS BRADFORD,
Petitioner,

2:13-cv-01784-GMN-GWF

vs.

ORDER

RENEE BAKER, et al.,
Respondents.

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Following upon the submissions filed by prior state post-conviction counsel and the
Federal Public Defender,

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IT IS ORDERED that petitioner’s application (#3) to proceed in forma pauperis is

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DENIED with respect to payment of the filing fee and that petitioner shall pay the $5.00 filing

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fee within thirty (30) days of entry of this order. The pauper application otherwise establishes

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petitioner’s financial eligibility for appointment of counsel.

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IT IS FURTHER ORDERED that, the Court finding that the interests of justice require

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the appointment of counsel, and further subject to payment of the filing fee, the motions (##

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2 & 15) for appointment of counsel are GRANTED and that the Federal Public Defender's

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Office is appointed as counsel for petitioner pursuant to 18 U.S.C. § 3006A(a)(2)(B), with

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Megan C. Hoffman, Esq., appearing as petitioner's counsel of record.

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IT IS FURTHER ORDERED that Ms. Hoffman hereby is SUBSTITUTED for Ms.

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Rasmussen as counsel of record on the docket sheet, with Ms. Rasmussen being terminated as

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counsel on the docket sheet by this order.

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

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hundred fifty (150) 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 of a basis for tolling during the time period

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established. Petitioner at all times remains responsible for calculating the running of the federal

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limitation period and timely asserting claims. The Court will screen any amended petition filed

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prior to ordering a response.

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IT IS FURTHER ORDERED, so that the respondents may be electronically served

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with any papers filed through counsel, that the Clerk shall add Attorney General Catherine

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Cortez Masto as counsel for respondents and shall make informal electronic service of this order

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upon respondents by directing a notice of electronic filing to her. Respondents' counsel shall

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enter a notice of appearance within twenty-one (21) days of entry of this order, but no further

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response shall be required from respondents until further order of this Court.

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IT IS FURTHER ORDERED that any additional state court record exhibits filed herein

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by either petitioner or respondents shall be filed with a separate index of exhibits identifying the

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exhibits by number or letter. The CM/ECF attachments that are filed further shall be identified

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by the number or numbers (or letter or letters) of the exhibits in the attachment. The hard copy

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of any exhibits filed by either counsel shall be delivered -- for this case -- to the Clerk's

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Office in Las Vegas.

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The Clerk, in addition to the notices of electronic filing to Ms. Rasmussen, Ms. Hoffman,

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and the Attorney General, shall SEND a copy of this order to the CJRA Coordinator for this

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Division.

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The Clerk further shall regenerate notices of electronic filing of all prior filings to the

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Attorney General and shall regenerate notices of electronic filing for ## 1-14 to Ms. Hoffman.

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DATED this 3rd day of December, 2013.

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_________________________________
Gloria M. Navarro
United States District Judge

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