Orth v. Warden et al

Filing 46

ORDER. IT IS ORDERED that 44 the application to proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED that the Federal Public Defender is appointed as counsel for petitioner under 18 U.S.C. § 3006A(a)(2)(B). IT IS FURTHER ORDERED th at petitioner has until 9/4/19, to file a supplemental opposition to 15 the motion to dismiss or to file a motion for leave to amend the petition. Signed by Judge Jennifer A. Dorsey on 8/7/2019. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Sean Rodney Orth,

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Case No. 2:17-cv-02047-JAD-BNW

Petitioner

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v.

7 Warden, High Desert State Prison, et al.,
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Respondents

Order Granting Application to Proceed in
Forma Pauperis and Appointing Counsel
ECF Nos. 44, 45

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The Federal Public Defender having now appeared on behalf of petitioner, Sean Rodney

11 Orth; 1
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IT THEREFORE IS ORDERED that the application to proceed in forma pauperis [ECF

13 No. 44] is GRANTED;
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IT IS FURTHER ORDERED that the Federal Public Defender is appointed as counsel

15 for petitioner under 18 U.S.C. § 3006A(a)(2)(B). Counsel will represent petitioner in all federal
16 proceedings related to this matter, including any appeals or certiorari proceedings, unless
17 allowed to withdraw.
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IT IS FURTHER ORDERED that petitioner has until September 4, 2019, to file a

19 supplemental opposition to the motion to dismiss [ECF No. 15] or to file a motion for leave
20 to amend the petition;
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ECF No. 44

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IT IS FURTHER ORDERED that, if petitioner files a motion for leave to amend the

2 petition, the court waives the requirement of Local Rule LR 15-1(a) that petitioner attach a
3 proposed amended petition.
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Dated: August 7, 2019
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U.S. District Judge Jennifer A. Dorsey
District Judge Jennifer A
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