Hill v. Williams et al

Filing 7

ORDER. IT IS ORDERED that the clerk of the court file 1 -1 the petition. IT IS FURTHER ORDERED that 2 petitioner's motion for appointment of counsel is GRANTED. The Federal Public Defender is provisionally appointed to represent petit ioner. 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 Sta te of Nevada and the Federal Public Defender a copy of the petition and a copy of this order. IT IS FURTHER ORDERED that 6 petitioner's motion for leave for additional time to submit his financial certificate and other relief is DENIED as moot. See Order for details/deadlines. Signed by Judge Andrew P. Gordon on 8/14/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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LEONARD W. HILL

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Petitioner,

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vs.

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BRIAN WILLIAMS, et al.,

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Case No. 2:17-cv-00155-APG-VCF

Respondents.

ORDER

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Petitioner has paid the filing fee. He has also submitted a motion for appointment of

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counsel (ECF No. 2). Petitioner is unable to afford counsel, and the issues presented warrant the

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appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B).

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Petitioner has filed a motion for leave for additional time to submit his financial certificate
and other relief (ECF No. 6). This motion is moot because petitioner has paid the filing fee.

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IT IS THEREFORE ORDERED that the clerk of the court file the petition.

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IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (ECF No.

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2) is GRANTED. The Federal Public Defender is provisionally appointed to represent petitioner.
IT IS FURTHER ORDERED that the Federal Public Defender shall have thirty (30) days

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

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

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

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

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then the court 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

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

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General of the State of Nevada and the Federal Public Defender a copy of the petition and a copy of

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this order.

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

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

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respondents until 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

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separate index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments

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that are filed further shall be identified by the number or numbers (or letter or letters) of the exhibits

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in the attachment. The hard copy of any additional state court record exhibits shall be

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forwarded—for this case—to the staff attorneys in Las Vegas.

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IT IS FURTHER ORDERED that petitioner’s motion for leave for additional time to submit
his financial certificate and other relief (ECF No. 6) is DENIED as moot.
DATED: August 14, 2017.

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_________________________________
ANDREW P. GORDON
United States District Judge

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