Pritchett v. Gentry et al

Filing 6

ORDER Granting Petitioner's 1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk of the Court is directed to detach and file the 1 -1 Petition for a Writ of Habeas Corpus. Petitioner's 2 Motion to Appoint Counse l is Granted. The Federal Public Defender is provisionally appointed to represent Petitioner. The Federal Public Defender has until 11/17/2017 to undertake direct representation of Petitioner or to indicate its inability to represent him in these proceedings. Amended Petition for Writ of Habeas Corpus deadline: 12/18/2017. The Clerk of Court is directed to add Adam Paul Laxalt as counsel for respondents. Respondents' counsel must enter a notice of appearance by 11/7/2017. The hard co py of any electronically filed exhibits must be forwarded to the staff attorneys in Las Vegas. Petitioner's 5 Motion to Stay Proceedings is Denied as moot. Signed by Judge Jennifer A. Dorsey on 10/17/2017. (Copies have been distributed pursuant to the NEF - Attorney General and FPD electronically served Petition and this Order - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Shawn Pritchett,

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Petitioner

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v.

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Jo Gentry, et al.,

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2:17-cv-01694-JAD-CWH
Order Appointing Counsel, Approving
Pauper Application, and Denying
Request to Stay Proceedings

Defendant

[ECF Nos. 1, 2, 5]

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Petitioner Shawn Pritchett is serving a sentence of life without parole for his

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2010 state-court convictions for murder with a deadly weapon, robbery with a

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deadly weapon, and conspiracy. He applies to proceed in forma pauperis,1 moves for

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appointment of counsel,2 and petitions for a writ of habeas corpus under 28 U.S.C. §

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2254.3

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Pritchett has already paid the $5.00 filing fee, but he is unable to afford

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counsel, and the issues presented warrant the appointment of counsel.4 Pritchett

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also moves to stay proceedings.5 Because I appoint counsel to Pritchett, his counsel

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can decide which actions to take in this case, so I deny the motion to stay as moot.

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Accordingly, IT IS HEREBY ORDERED that the application to proceed in
forma pauperis [ECF No. 1] is GRANTED.

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The Clerk of the Court is directed to DETACH and FILE the petition for a

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ECF No. 1.

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ECF No. 2.

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ECF No. 1-1.

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See 18 U.S.C. § 3006A(a)(2)(B) (2012).

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ECF No. 5.

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writ of habeas corpus [ECF No. 1-1].
IT IS FURTHER ORDERED that Pritchett’s motion for appointment of

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counsel [ECF No. 2] is GRANTED. The Federal Public Defender is provisionally

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appointed to represent Pritchett. The Federal Public Defender has until November

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17, 2017, to undertake direct representation of Pritchett or to indicate its inability

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to represent him in these proceedings. If the Federal Public Defender represents

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Pritchett, it has until December 18, 2017, to file an amended petition for a writ of

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habeas corpus. If the Federal Public Defender is unable to represent Pritchett, then

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the court will appoint alternate counsel.

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IT IS FURTHER ORDERED that neither the foregoing deadline nor any

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extended deadline signifies or will signify any implied finding of a basis for tolling

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during the time period established. Pritchett at all times remains responsible for

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calculating the running of the federal limitation period under 28 U.S.C. § 2244(d)(1)

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and timely asserting claims.

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The Clerk of Court is directed to ADD Adam Paul Laxalt, Attorney General
for the State of Nevada, as counsel for respondents.
The Clerk of Court is also directed to electronically SERVE both the

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

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the petition and a copy of this order.

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Respondents’ counsel must enter a notice of appearance by November 7,

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2017, but no further response will be required from respondents until further order

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of the court.

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IT IS FURTHER ORDERED that the hard copy of any electronically filed

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exhibits must be FORWARDED—for this case—to the staff attorneys in Las

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Vegas.

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IT IS FURTHER ORDERED that Prichett’s motion to stay proceedings [ECF
No. 5] is DENIED as moot.
DATED: October 17, 2017.

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_______________________________
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Jennifer A. Dorsey
Jennifer A Dorsey
n f
r
United States District Judge
United States District
ite S
tr
tr

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