Duarte-Herrera v. Williams et al

Filing 5

ORDER. IT IS ORDERED that the Office of the Federal Public Defender is HEREBY RELEASED as counsel for petitioner.IT IS FURTHER ORDERED that Angela Dows, Esq., is HEREBY APPOINTED to represent the petitioner in this action. Ms. Dows shall have thi rty (30) days from the date of entry of this order to FILE AND SERVE on respondents a notice of appearance indicating her representation of petitioner.IT IS FURTHER ORDERED that the Clerk of Court SHALL ELECTRONICALLY SERVE Ms. Dows with a co py of this order, together with a copy of the petition for writ of habeas corpus and its attachments [1-1].IT IS FURTHER ORDERED that petitioner shall have ninety (90) days from the date of entry of this order, to FILE AND SERVE on respondents an amended petition for writ of habeas corpus.IT IS FURTHER ORDERED that respondents shall have forty-five (45) days after service of an amended petition within which to answer, or otherwise respond to, the amended petition. IT IS FURTHE R ORDERED that if and when respondents file an answer, petitioner shall have forty-five (45) days after service of the answer to file and serve a reply.IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of all exhibi ts to the Reno Division of this Court. Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of Staff Attorney on the outside of the mailing address label.IT IS FURTHER ORD ERED that petitioner shall file no further pro se documents and shall proceed by and through appointed counsel.IT IS FURTHER ORDERED that the Clerk of Court SHALL SEND a copy of this order to the CJA Coordinator.Signed by Chief Judge Gloria M. Navarro on 11/23/15. (Copies have been distributed pursuant to the NEF - PS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PORFIRIO DUARTE-HERRERA,
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Petitioner,

Case No. 2:15-cv-01843-GMN-CWH

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vs.
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ORDER

WARDEN BRIAN WILLIAMS, et al.,
Respondents.

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254
by a Nevada state prisoner represented by counsel.
On November 17, 2015, the Court appointed the Office of the Federal Public Defender to

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represent petitioner in this habeas action. (ECF No. 3). The Federal Public Defender has identified

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a conflict of interest with the petitioner, and has indicated to the Court its inability to represent

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petitioner. (ECF No. 4). The Court’s Criminal Justice Act (CJA) Coordinator has located alternate

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counsel to represent petitioner in this action: Angela Dows, Esq., 1333 North Buffalo Drive, Suite

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210, Las Vegas, NV 89128. Ms. Dows is a Criminal Justice Act panel attorney for the United States

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District Court, District of Nevada. Ms. Dows shall represent petitioner in all future proceedings in

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this court relating to this matter (including subsequent actions) and appeals therefrom, pursuant to

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18 U.S.C. § 3006A(2)(B), until allowed to withdraw. The Court now sets a schedule for further

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proceedings in this action.

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IT IS THEREFORE ORDERED that the Office of the Federal Public Defender is
HEREBY RELEASED as counsel for petitioner.
IT IS FURTHER ORDERED that Angela Dows, Esq., is HEREBY APPOINTED to

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represent the petitioner in this action. Ms. Dows shall have thirty (30) days from the date of entry

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of this order to FILE AND SERVE on respondents a notice of appearance indicating her

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representation of petitioner.

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IT IS FURTHER ORDERED that the Clerk of Court SHALL ELECTRONICALLY

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SERVE Ms. Dows with a copy of this order, together with a copy of the petition for writ of habeas

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corpus and its attachments (ECF No. 1-1).

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IT IS FURTHER ORDERED that counsel for petitioner shall meet with petitioner as soon

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as reasonably possible to: (a) review the procedures applicable in cases under 28 U.S.C. § 2254; (b)

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discuss and explore with petitioner, as fully as possible, the potential grounds for habeas corpus

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relief in petitioner’s case; and (c) advise petitioner that all possible grounds for habeas corpus relief

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must be raised at this time in this action and that the failure to do so will likely result in any omitted

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grounds being barred from future review.

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IT IS FURTHER ORDERED that petitioner shall have ninety (90) days from the date of

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entry of this order, to FILE AND SERVE on respondents an amended petition for writ of habeas

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corpus, which shall include all known grounds for relief (both exhausted and unexhausted).

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days after service

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of an amended petition within which to answer, or otherwise respond to, the amended petition. If

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petitioner does not file an amended petition, respondents shall have forty-five (45) days from the

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date on which the amended petition is due within which to answer, or otherwise respond to,

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petitioner’s original petition.

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IT IS FURTHER ORDERED that if and when respondents file an answer, petitioner shall
have forty-five (45) days after service of the answer to file and serve a reply.

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IT IS FURTHER ORDERED that all exhibits filed by the parties herein shall be filed with

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an index of exhibits identifying the exhibits by number. Exhibits filed in the CM/ECF system must

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correspond to the numbered exhibits identified in the index of exhibits.
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IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of all

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exhibits to the Reno Division of this Court. Courtesy copies shall be mailed to the Clerk of Court,

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400 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the

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outside of the mailing address label.

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IT IS FURTHER ORDERED that petitioner shall file no further pro se documents and
shall proceed by and through appointed counsel.
IT IS FURTHER ORDERED that the Clerk of Court SHALL SEND a copy of this order
to the CJA Coordinator.
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Dated this ______ day of November, 2015.

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Gloria M. Navarro, Chief Judge
United States District Court

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