Espinosa-Cisneros v. Solis-Lopez

Filing 87

ORDER Referring Case to Pro Bono Progarm under General Order 2016-02 for the purpose of identifying an attorney willing to be appointed as a pro bono attorney for Petitioner. Signed by Magistrate Judge Carl W. Hoffman on 12/22/2016. (Copies have been distributed pursuant to the NEF - cc: Mai Tieu - SLD)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 8 9 10 LUIS RAUL ESPINOSA CISNEROS, ) ) Petitioner, ) ) vs. ) ) MARIANELA SOLIS LOPEZ, ) ) Respondent. ) __________________________________________) Case No. 2:16-cv-00057-GMN-CWH ORDER REFERRING CASE TO PRO BONO PROGRAM 11 12 This is a case brought under the 1980 Hague Convention on Civil Aspects of International 13 Child Abduction (“Hague Convention”) in which Petitioner Luis Raul Espinosa Cisneros alleges 14 his two minor children have been wrongfully taken from their habitual residence of Mexico to Las 15 Vegas, Nevada, by the children’s mother, Respondent Marianela Solis Lopez. Petitioner seeks an 16 order compelling the return of the minor children to Mexico. Respondent contends that returning 17 the children to Mexico would subject them to a grave risk of physical and psychological harm. The 18 ultimate issue before this court is not who, as between the parents, is best suited to have custody of 19 the children—it is to determine which court has the jurisdiction to determine custody. The Federal 20 Judicial Center provides a litigation guide for Hague Convention return cases, available at 21$file/hagueguide.pdf. 22 On December 14, 2016, the undersigned entered a report and recommendation to the 23 assigned United States district judge stating that the second amended petition for return should be 24 denied. (Report and Recommendation (ECF No. 81).) Petitioner objected to the report and 25 recommendation. (Objection (ECF No. 82).) Petitioner’s current pro bono attorney seeks to 26 withdraw from the case because she is retiring at the end of 2016. 27 /// 28 /// 1 IT IS THEREFORE ORDERED that this case is referred to the Pilot Pro Bono Program 2 under General Order 2016-02 for the purpose of identifying an attorney willing to be appointed as a 3 pro bono attorney for Petitioner Luis Raul Espinosa Cisneros. The scope of the appointment will 4 be for representing Respondent to the conclusion of this case. 5 6 IT IS FURTHER ORDERED that the Clerk of Court must forward this order to the Pro Bono Liaison. 7 8 DATED: December 22, 2016. 9 10 11 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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