Sanders v. Williams et al

Filing 5

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is GRANTED. The clerk shall file the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The clerk of the court shall add Adam Paul Laxalt, Attorney Genera l for the State of Nevada, as counsel for respondents and electronically serve respondents with the petition and this order. FURTHER ORDERED that respondents shall appear in this action within 30 days from the entry of this order, but need not respon d to the habeas corpus petition in this action unless and until ordered by the court to do so. FURTHER ORDERED that 2 "Motion for Help to Do My Case" is DENIED without prejudice. Signed by Judge James C. Mahan on 5/14/15. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8

DEBARON SANDERS,

9

Petitioner,

10

vs.

11

2:14-cv-01966-JCM-NJK

BRIAN WILLIAMS, SR., et al.,

ORDER
12
13

Respondents.
_________________________________/

14
15

In this habeas corpus action, the petitioner, Debaron Sanders, has filed an application to

16

proceed in forma pauperis (ECF No. 1), a Petition for Writ of Habeas Corpus, and a Motion for

17

Appointment of Counsel (ECF No. 2).

18

The financial information provided with the application to proceed in forma pauperis

19

indicates that petitioner is unable to pay the filing fee. Therefore, the in forma pauperis application

20

shall be granted.

21

The court has reviewed the petition for a writ of habeas corpus pursuant to Rule 4 of the

22

Rules Governing Section 2254 Cases in the United States District Courts. The court will serve the

23

petition upon respondents. Respondents will be directed to appear in this action, but will not be

24

required to respond to the habeas petition unless and until otherwise ordered.

25
26

The court in this case takes judicial notice of the proceedings in Case Number
2:14-cv-01068-JAD-GWF in this court, which is a habeas action filed previously by petitioner.

1

That action was opened on June 30, 2014, but was dismissed without prejudice on July 2, 2014, on

2

account of the petitioner’s failure to pay the filing fee or submit a proper application to proceed

3

in forma pauperis. Petitioner has filed a motion for reconsideration in that action, asking the court to

4

vacate the order dismissing the action. See Motion for Reconsideration, ECF No. 4 in Case Number

5

2:14-cv-01068-JAD-GWF. To prevent duplicative litigation, the court will not require respondents

6

to respond to the habeas petition in this action until the court rules on the motion for reconsideration

7

in Case Number 2:14-cv-01068-JAD-GWF.

8
9
10
11
12
13
14
15
16
17

The court will deny the motion for appointment of counsel, without prejudice. Petitioner
may file a new motion for appointment of counsel, if necessary, after the motion for reconsideration
is resolved in Case Number 2:14-cv-01068-JAD-GWF.
IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma pauperis
(ECF No. 1) is GRANTED. Petitioner shall not be required to pay the $5 filing fee for this action.
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 the clerk of the court shall add Adam Paul Laxalt,
Attorney General for the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the clerk of the court shall electronically serve upon

18

respondents a copy of the petition and this order. In addition, the clerk of the court shall return to the

19

petitioner a copy of the petition.

20

IT IS FURTHER ORDERED that respondents shall appear in this action within 30 days

21

from the entry of this order, but need not respond to the habeas corpus petition in this action unless

22

and until ordered by the court to do so.

23

IT IS FURTHER ORDERED that from this point forward, petitioner shall serve upon

24

respondents or, if appearance has been entered by counsel, upon the attorney(s), a copy of every

25

pleading, motion or other document submitted for consideration by the court. Petitioner shall

26

include with the original paper submitted for filing a certificate stating the date that a true and

2

1

correct copy of the document was mailed to the respondents or counsel for the respondents. The

2

court may disregard any paper received by a district judge or magistrate judge that has not been

3

filed with the clerk, and any paper received by a district judge, magistrate judge, or the clerk that

4

fails to include a certificate of service.

5
6

IT IS FURTHER ORDERED that petitioner’s “Motion for Help to Do My Case” (ECF
No. 2) is DENIED without prejudice.

7
8

May 14, 2015.
Dated this _____ day of May, 2015.

9
10
UNITED STATES DISTRICT JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

3