Thomas v. Filson et al

Filing 6

ORDER. IT IS ORDERED that 4 petitioner's Application to Proceed in Forma Pauperis is GRANTED IN PART AND DENIED IN PART. Petitioner is granted leave of court to proceed in forma pauperis. Payment of the filing fee for this actio n is waived. IT IS FURTHER ORDERED that 5 petitioner's Motion for Appointment of Counsel is GRANTED. The Federal Public Defender for the District of Nevada is appointed to represent petitioner. IT IS FURTHER ORDERED that the Clerk of the Court shall electronically serve a copy of this order on the Federal Public Defender for the District of Nevada. IT IS FURTHER ORDERED that the Clerk of the Court shall add Adam Paul Laxalt, Attorney General of the State of Nevada, as counsel for respondents. IT IS FURTHER ORDERED that the Clerk of the Court shall electronically serve upon respondents a copy of the habeas corpus petition in this case, and a copy of this order. See Order for further details/deadlines. Signed by Judge Richard F. Boulware, II on 5/16/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARLO THOMAS,

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Petitioner,

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vs.

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TIMOTHY FILSON, et al.,

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2:17-cv-00475-RFB-VCF

Respondents.

ORDER

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______________________________/

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This action is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 by

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Marlo Thomas, a Nevada prisoner under sentence of death. Thomas filed a pro se habeas corpus

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petition (ECF No. 1) on February 14, 2017.

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Thomas also filed an application for leave to proceed in forma pauperis (ECF No. 4), despite

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his payment of the $5 filing fee for this action. In light of the information provided in that

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application, regarding his financial status, the Court will grant Thomas leave to proceed in forma

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pauperis, and will waive the payment of the filing fee.

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In addition, Thomas filed a motion for appointment of counsel (ECF No. 5). The information

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provided in Thomas’s application for leave to proceed in forma pauperis shows that he lacks the

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resources necessary to employ counsel for this capital habeas corpus action. Therefore, pursuant to

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18 U.S.C. § 3599, and in the interests of justice, the Court will appoint the Federal Public Defender

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for the District of Nevada (FPD) to represent Thomas. If the FPD is unable to represent Thomas,

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due to a conflict of interest or other reason, then alternate counsel will be appointed. Thomas’

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appointed counsel will represent him in all subsequent proceedings, pursuant to 18 U.S.C. § 3599(e),

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unless and until allowed to withdraw.

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The Court has examined Thomas’s petition for writ of habeas corpus, pursuant to Rule 4 of

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the Rules Governing Section 2254 Cases in the United States District Courts. The Court will direct

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the Clerk of the Court to serve the petition upon the respondents.

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IT IS THEREFORE ORDERED that petitioner’s Application to Proceed in Forma

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Pauperis (ECF No. 4) is GRANTED IN PART AND DENIED IN PART. Petitioner is granted

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leave of court to proceed in forma pauperis. Payment of the filing fee for this action is waived.

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IT IS FURTHER ORDERED that petitioner’s Motion for Appointment of Counsel

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(ECF No. 5) is GRANTED. The Federal Public Defender for the District of Nevada is appointed to

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represent petitioner. The Federal Public Defender shall have 30 days from the date of entry of this

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order to file a notice of appearance as counsel for petitioner or to file a notice indicating its inability

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to represent petitioner in these proceedings.

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IT IS FURTHER ORDERED that the Clerk of the Court shall electronically serve a copy
of this order on the Federal Public Defender for the District of Nevada.
IT IS FURTHER ORDERED that the Clerk of the Court shall add Adam Paul Laxalt,
Attorney General of the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the Clerk of the Court shall electronically serve upon

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respondents a copy of the habeas corpus petition in this case, and a copy of this order. Respondents’

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counsel shall enter a notice of appearance within 30 days of the entry of this order, but need take no

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further action in this case unless and until the Court so orders.

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DATED this 16th day of May, 2017.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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