Budd v. Baker et al

Filing 6

ORDER. IT IS THEREFORE ORDERED that 1 the application to proceed in forma pauperis is DENIED as moot. IT IS FURTHER ORDERED that 2 petitioner's motion for appointment of counsel is GRANTED. The Federal Public Defender is provisionally a ppointed to represent petitioner. IT IS FURTHER ORDERED that the Federal Public Defender shall have thirty (30) days from the date that this order is entered to undertake direct representation of petitioner or to indicate to the court his inab ility to represent petitioner in these proceedings. If the Federal Public Defender doesundertake representation of petitioner, he shall then have sixty (60) days to file an amended petition for a writ of habeas corpus. If the Federal Public Defender is unable to represent petitioner, then the court shall appoint alternate counsel. IT IS FURTHER ORDERED that the clerk shall add Adam Paul Laxalt, Attorney General for the State of Nevada, as counsel for respondents. IT IS FURTHER ORDERED that the clerk shall electronically serve both the Attorney General of the State of Nevada and the Federal Public Defender a copy of 5 the petition and a copy of this order. IT IS FURTHER ORDERED that 3 the request for evidentiary hearing is DENIED as moot. Signed by Judge Richard F. Boulware, II on 9/13/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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GLENFORD BUDD,

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Petitioner,

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vs.

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Case No. 2:16-cv-00613-RFB-PAL

RENEE BAKER, et al.,

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ORDER

Respondents.

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Petitioner has submitted an application to proceed in forma pauperis (ECF No. 1) and a petition

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for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 5). The application is moot because

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petitioner has paid the filing fee.

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Petitioner also has submitted a motion for appointment of counsel (ECF No. 2). Petitioner is

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unable to afford counsel, and 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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Petitioner has submitted a request for evidentiary hearing (ECF No. 3). This request is moot
because the court is appointing counsel.
IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (ECF No. 1)
is DENIED as moot.
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (ECF No. 2)
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 his 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 (ECF No. 5) and a copy

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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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IT IS FURTHER ORDERED that the request for evidentiary hearing (ECF No. 3) is DENIED
as moot.
DATED: September 13, 2016.

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__________________________
RICHARD F. BOULWARE, II
United States District Judge

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