Carley v. Nevens et al

Filing 8

ORDER granting 1 Motion/Application for Leave to Proceed in forma pauperis.; denying as moot 3 Motion to Compel.; denying as moot 4 Motion.; granting 5 Motion to Appoint Counsel. FPD for Elizabeth Carley appointed.; Respondent's Counsel must enter a notice of appearance by 11/21/2016. Signed by Judge Jennifer A. Dorsey on 11/1/2016. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Elizabeth Carley,

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Petitioner

2:16-cv-02227-JAD-PAL
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v.

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Warden Nevens, et al.,

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Order Granting Application to Proceed
in forma pauperis and Motion for
Appointment of Counsel and Denying
Other Pending Motions as Moot

Respondents
[ECF Nos. 1, 3, 4, 5]

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Nevada state-prison inmate Elizabeth Carley has submitted an application to proceed in

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forma pauperis, an ex parte motion for appointment of counsel, and two motions for documents.

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Carley’s IFP application and supporting documents show that she is unable to pay the filing fee, so I

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grant her application to proceed in forma pauperis. And because I find that the interests of justice

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require representation,1 I provisionally appoint the Federal Public Defender to represent Carley.

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Finally, because I grant Carley’s request for court-appointed counsel, I deny her request for

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production of documents and motion for indigent legal copies at the state’s expense as moot.
Accordingly, IT IS HEREBY ORDERED that Carley’s application to proceed in forma

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pauperis [ECF No. 1] is GRANTED.

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IT IS FURTHER ORDERED that Carley’s motion for appointment of counsel [ECF No. 5]

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is GRANTED. The Federal Public Defender is provisionally appointed to represent Carley.

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IT IS FURTHER ORDERED that the Federal Public Defender must undertake direct

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representation of petitioner or notify the court if he is unable to do so by November 30, 2016. If the

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Federal Public Defender does undertake representation of petitioner, he will then have 60 days to file

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an amended petition for a writ of habeas corpus. If the Federal Public Defender is unable to

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represent petitioner, then the court will appoint alternate counsel. These deadlines do not signify a

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determination that the petition is timely or toll the federal limitations period. Carley at all times

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U.S.C. § 3006A(a)(2)(B).
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remains responsible for calculating the running of the federal limitation period under 28 U.S.C.

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§ 2244(d)(1) and timely asserting claims.

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The Clerk of Court is directed to FILE the petition, add Adam Paul Laxalt, Attorney General

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for the State of Nevada, as counsel for respondents, and serve respondents and the Federal Public

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Defender with a copy of the petition.

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IT IS FURTHER ORDERED that respondents’ counsel must enter a notice of appearance by
November 21, 2016, but no further action is required until ordered by the court.
IT IS FURTHER ORDERED that any exhibits must be filed with a separate index of exhibits
identifying the exhibits by number or letter. Any CM/ECF attachments must be identified by the

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number(s) or letter(s) of the exhibits in the attachment. The hard copy of any additional state-court

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record exhibits must be forwarded to the staff attorneys in Las Vegas.

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IT IS FURTHER ORDERED that Carley’s motion to compel production of document [ECF
No. 3] and motion for copies [ECF No. 4] are DENIED as moot.
Dated: this 31st day of October, 2016.
Dated November 1, 2016.
_________________________________
_______________________
_ ___________ _
___ ___
Jennifer A. Dorsey
ennifer A. Dorsey
i
or
rse
United States District Judge
nited States
ed
ed ate
ct d
ct Judge

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