McMahon v. Neven et al

Filing 10

ORDER that the Federal Public Defender's Office is appointed as counsel for petitioner pursuant to 18 U.S.C. § 3006A(a)(2)(B), with Johnathan M. Kirshbaum, Esq., appearing as petitioner's counsel of record. FURTHER ORDERED that petiti oner shall have until up to and including one hundred fifty (150) days from entry of this order within which to file an amended petition and/or seek other appropriate relief. FURTHER ORDERED that 8 Application for Leave to Proceed in forma pauperis GRANTED. Signed by Judge Andrew P. Gordon on 2/20/14. (Copies have been distributed pursuant to the NEF: cc CJA coordinator - MMM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 JOHNNY EDWARD MCMAHON, 9 Petitioner, 10 11 12 Case No. 2:14-cv-00076-APG-CWH ORDER vs. NEVEN, et al., 13 Respondents. 14 15 16 17 Following upon the notice (Dkt. #9) of appearance by petitioner’s counsel in this habeas matter and petitioner’s application (Dkt. #8) to proceed in forma pauperis, 18 IT IS ORDERED that the Federal Public Defender's Office is appointed as counsel for 19 petitioner pursuant to 18 U.S.C. § 3006A(a)(2)(B), with Johnathan M. Kirshbaum, Esq., 20 appearing as petitioner’s counsel of record. 21 IT FURTHER IS ORDERED that petitioner shall have until up to and including one 22 hundred fifty (150) days from entry of this order within which to file an amended petition and/or 23 seek other appropriate relief. Neither the foregoing deadline nor any extension thereof 24 signifies or will signify any implied finding of a basis for tolling during the time period 25 established. Petitioner at all times remains responsible for calculating the running of the 26 federal limitation period and timely asserting claims, without regard to any deadlines 27 established or extensions granted herein. The Court will screen the amended petition prior 28 to ordering a response. 1 IT FURTHER IS ORDERED that any additional state court record exhibits filed herein 2 by either petitioner or respondents shall be filed with a separate index of exhibits identifying 3 the exhibits by number. The CM/ECF attachments that are filed further shall be identified by 4 the number or numbers of the exhibits in the attachment. The hard copy of any exhibits 5 filed by either counsel shall be delivered -- for this case -- to the Clerk's Office in Las 6 Vegas. 7 8 9 10 IT FURTHER IS ORDERED that petitioner’s application (Dkt. #8) to proceed in forma pauperis is GRANTED, such that petitioner will not be required to pay the filing fee. The Clerk shall send a copy of this order to the CJA Coordinator for this Division. DATED: February 20, 2014. 11 12 13 14 __________________________________ ANDREW P. GORDON United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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