Burgon v. Nevens et al

Filing 24

ORDER. IT IS ORDERED that the Court reconsiders 5 Order denying appointment of counsel and now GRANTS petitioner's request for appointment of counsel. IT IS ORDERED that the Federal Public Defender's Office is appointed to represent t he petitioner in this case. The Clerk of Court shall serve this Order on the Federal Public Defender's Office. Amended petition due in 60 days.IT IS ORDERED that the Motion 8 to Dismiss is DENIED without prejudice. Respondents shall have thirty (30) days from the filing of the Amended Petition to file a motion to dismiss or answer. IT IS ORDERED that the petitioners Motion 19 for additional relief is DENIED without prejudice and may be refiled after consultation with his appointed attorney. Signed by Judge Richard F. Boulware, II on 3/31/16. (Copies have been distributed pursuant to the NEF - TR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 CLAY BURGON, 8 9 10 Petitioner, Case No. 2:14-cv-01128-RFB-CWH ORDER vs. ATTORNEY GENERAL, et al., 11 Respondents. 12 13 14 IT IS ORDERED that the Court reconsiders its previous Order [5] denying appointment of counsel and now GRANTS petitioner’s request for appointment of counsel. 15 IT IS ORDERED that the Federal Public Defender’s Office is appointed to represent the 16 petitioner in this case. The Clerk of Court shall serve this Order on the Federal Public Defender’s 17 Office. 18 IT IS ORDERED that the petitioner shall have sixty (60) days to file an Amended Petition. 19 IT IS ORDERED that the Motion [8] to Dismiss is DENIED without prejudice. 20 Respondents shall have thirty (30) days from the filing of the Amended Petition to file a motion to 21 dismiss or answer. 22 23 24 IT IS ORDERED that the petitioner’s Motion [19] for additional relief is DENIED without prejudice and may be refiled after consultation with his appointed attorney. DATED this 31st day of March, 2016. 25 26 27 28 _____________________________ RICHARD F. BOULWARE II UNITED STATES DISTRICT JUDGE

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