Davidson v. Neven et al

Filing 4

ORDER that 2 Motion/Application for Leave to Proceed in forma pauperis is DENIED as moot; that 3 Motion to Appoint Counsel is GRANTED. The Federal Public Defender is provisionally appointed to represent petitioner. FURTHER ORDERED that the cle rk shall add Catherine Cortez Masto, AttorneyGeneral for the State of Nevada, as counsel for respondents and electronically serve a copy of this order and 1 the Petition. FURTHER ORDERED that respondents' counsel shall enter a notice of appe arance within 20 days of entry of this order, but no further response shall be required from respondents until further order of the court. Signed by Judge Andrew P. Gordon on 9/12/14. (Copies have been distributed pursuant to the NEF - MMM) (Main Document 4 replaced on 9/12/2014) (MMM).

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 RODERICK R. DAVIDSON, 10 Petitioner, 11 vs. 12 Case No. 2:14-cv-00551-APG-NJK DWIGHT NEVEN, et al., 13 ORDER Respondents. 14 15 Petitioner has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 16 (Dkt. #1), an application to proceed in forma pauperis (Dkt. #2), and a motion for appointment of 17 counsel (Dkt. #3). Petitioner is unable to afford counsel, and the issues presented warrant the 18 appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). The application (Dkt. #2) is moot 19 because petitioner has paid the filing fee. 20 21 22 IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (Dkt. #2) is DENIED as moot. IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (Dkt. 23 #3) is GRANTED. The Federal Public Defender is provisionally appointed to represent petitioner. 24 IT IS FURTHER ORDERED that the Federal Public Defender shall have thirty (30) days 25 from the date that this order is entered to undertake direct representation of petitioner or to indicate 26 to the court his inability to represent petitioner in these proceedings. If the Federal Public Defender 27 does undertake representation of petitioner, he shall then have sixty (60) days to file an amended 28 1 petition for a writ of habeas corpus. If the Federal Public Defender is unable to represent petitioner, 2 then the court shall appoint alternate counsel. 3 IT IS FURTHER ORDERED that neither the foregoing deadline nor any extension thereof 4 signifies or will signify any implied finding of a basis for tolling during the time period established. 5 Petitioner at all times remains responsible for calculating the running of the federal limitation 6 period and timely asserting claims. 7 8 9 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 10 General of the State of Nevada and the Federal Public Defender a copy of the petition (Dkt. #1) and 11 a copy of this order. 12 IT IS FURTHER ORDERED that respondents’ counsel shall enter a notice of appearance 13 within twenty (20) days of entry of this order, but no further response shall be required from 14 respondents until further order of the court. 15 IT IS FURTHER ORDERED that any exhibits filed by the parties shall be filed with a 16 separate index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments 17 that are filed further shall be identified by the number or numbers (or letter or letters) of the exhibits 18 in the attachment. The hard copy of any additional state court record exhibits shall be 19 forwarded—for this case—to the staff attorneys in Las Vegas. 20 Dated: September 12, 2014. 21 _________________________________ ANDREW P. GORDON United States District Judge 22 23 24 25 26 27 28 -2-

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