Lane, III v. Neven et al

Filing 3

ORDER Granting Petitioner's 1 Motion/Application for Leave to Proceed in forma pauperis. The clerk of the court shall file the petition for a writ of habeas corpus. Petitioner's 2 Motion for Appointment of Counsel is Granted. The Federal Public Defender is provisionally appointed to represent petitioner. Respondents' counsel shall enter a notice of appearance within 20 days of entry of this order. The hard copy of any additional state court record exhibits shall be forwarded for this case to the staff attorneys in Las Vegas. Signed by Judge Andrew P. Gordon on 9/29/2014. (Copies have been distributed pursuant to the NEF - electronically served this Order and Petition to the Attorney General - SLD)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
9

CHARLES LANE, III,

10

Petitioner,

11

vs.

12

Case No. 2:14-cv-00794-APG-PAL

D. W. NEVEN, et al.,

13

ORDER

Respondents.

14
15

Petitioner has submitted an application to proceed in forma pauperis (Dkt. #1) and a petition

16

for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The court finds that petitioner is unable

17

to pay the filing fee.

18

Petitioner has submitted a motion for appointment of counsel (Dkt. #2). Petitioner is unable

19

to afford counsel, and the issues presented warrant the appointment of counsel. See 18 U.S.C.

20

§ 3006A(a)(2)(B).

21
22
23
24
25

IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (Dkt.
#1) is GRANTED. Petitioner need not pay the filing fee of five dollars ($5.00).
IT IS FURTHER ORDERED that the clerk of the court shall file the petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (Dkt.

26

#2) is GRANTED. The Federal Public Defender is provisionally appointed to represent petitioner.

27

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

28

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

1

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

2

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

3

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

4

then the court shall appoint alternate counsel.

5

IT IS FURTHER ORDERED that neither the foregoing deadline nor any extension thereof

6

signifies or will signify any implied finding of a basis for tolling during the time period established.

7

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

8

period and timely asserting claims.

9
10
11

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

12

General of the State of Nevada and the Federal Public Defender a copy of the petition and a copy of

13

this order.

14

IT IS FURTHER ORDERED that respondents’ counsel shall enter a notice of appearance

15

within twenty (20) days of entry of this order, but no further response shall be required from

16

respondents until further order of the court.

17

IT IS FURTHER ORDERED that any exhibits filed by the parties shall be filed with a

18

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

19

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

20

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

21

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

22

Dated: September 29, 2014.

23
_________________________________
ANDREW P. GORDON
United States District Judge

24
25
26
27
28
-2-