Posey v. Neven et al

Filing 10

ORDER granting 5 Motion/Application for Leave to Proceed in forma pauperis.; granting 6 Ex Parte Motion to Appoint Counsel.; Federal Public Defender shall have thirty (30) days from the date that this order is entered to undertake direct repr esentation of petitioner or to indicate to the court its inability to represent petitioner in these proceedings. FURTHER ORDERED that respondents' counsel shall enter a notice of appearance within twenty (20) days of entry of this order. Signed by Judge Richard F. Boulware, II on 2/9/2017. (Copies have been distributed pursuant to the NEF and pursuant to Order - JM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ANTHONY MERITT POSEY,

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Petitioner,

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vs.

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Case No. 2:15-cv-01482-RFB-GWF

DWIGHT NEVEN, et al.,

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ORDER

Respondents.

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Petitioner has submitted an application to proceed in forma pauperis (ECF No. 5) and an ex

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parte motion for appointment of counsel (ECF No. 6). Petitioner already has paid the filing fee, but he

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is unable to afford counsel. The issues presented warrant the appointment of counsel. See 18 U.S.C.

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§ 3006A(a)(2)(B).

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (ECF No. 5)
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 (ECF No. 6)
is GRANTED. The Federal Public Defender is provisionally appointed to represent petitioner.

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

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

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

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

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

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shall appoint alternate counsel.

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

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

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

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under 28 U.S.C. § 2244(d)(1) and timely asserting claims.

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IT IS FURTHER ORDERED that the clerk shall add Adam Paul Laxalt, Attorney General for
the State of Nevada, as counsel for respondents.

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IT IS FURTHER ORDERED that the clerk shall electronically serve both the Attorney General

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of the State of Nevada and the Federal Public Defender a copy of the petition and a copy of this order.

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

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

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further order of the court.

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

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index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments that are filed

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further shall be identified by the number or numbers (or letter or letters) of the exhibits in the

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attachment. The hard copy of any additional state court record exhibits shall be forwarded—for this

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case—to the staff attorneys in Las Vegas.

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DATED: February 9, 2017.

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_________________________________
RICHARD F. BOULWARE, II
United States District Judge

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