Patterson v. Gentry et al

Filing 5

ORDER that 2 Ex Parte Motion to Appoint Counsel is DENIED as moot. FURTHER ORDERED that 4 Ex Parte Motion for Appointment of Counsel is GRANTED. The Federal Public Defender is appointed to represent petitioner. Petitioner shall have sixty (60 ) days from the date of entry of this order to file an amended petition for a writ of habeas corpus. The clerk shall add Adam Paul Laxalt, Attorney General for the State of Nevada, as counsel for respondents and shall electronically serve both the At torney General of the State of Nevada and the Federal Public Defender a copy of the petition (ECF No. 1) and a copy of this order. FURTHER ORDERED that respondents counsel shall enter a notice of appearance within twenty (20) days of entry of this order, but respondents need not file any other response to this order. Signed by Judge James C. Mahan on 10/25/17. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
9

MICHAEL PATTERSON,

10

Petitioner,

11

vs.

12

JO GENTRY, et al.,

13

Case No. 2:17-cv-02131-JCM-GWF

Respondents.

ORDER

14
15

Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF

16

No. 1). Petitioner, through his counsel in the state post-conviction proceedings, has filed an ex parte

17

motion for appointment of counsel (ECF No. 2), asking for those counsel to be appointed to

18

represent him in this court. The Federal Public Defender has filed an ex parte motion for

19

appointment of counsel (ECF No. 4), asking for the Federal Public Defender to represent him. The

20

court accepts the representations of the Federal Public Defender that petitioner’s case warrants the

21

appointment of counsel. The court assumes that the Federal Public Defender’s motion supersedes

22

state post-conviction counsel’s motion. Furthermore, in the absence of a conflict of interest, the

23

Federal Public Defender represents § 2254 habeas corpus petitioners in this court. The court will

24

appoint the Federal Public Defender.

25
26
27
28

IT IS THEREFORE ORDERED that the ex parte motion for appointment of counsel (ECF
No. 2), filed August 8, 2017, is DENIED as moot.

1

IT IS FURTHER ORDERED that the ex parte motion for appointment of counsel (ECF No.

2

4), filed September 20, 2017, is GRANTED. The Federal Public Defender is appointed to represent

3

petitioner.

4
5
6

IT IS FURTHER ORDERED that petitioner shall have sixty (60) days from the date of entry
of this order to file an amended petition for a writ of habeas corpus.
IT IS FURTHER ORDERED that neither the foregoing deadline nor any extension thereof

7

signifies or will signify any implied finding of a basis for tolling during the time period established.

8

Petitioner at all times remains responsible for calculating the running of the federal limitation period

9

under 28 U.S.C. § 2244(d)(1) and timely asserting claims.

10
11
12

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

13

General of the State of Nevada and the Federal Public Defender a copy of the petition (ECF No. 1)

14

and a copy of this order.

15

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

16

within twenty (20) days of entry of this order, but respondents need not file any other response to

17

this order.

18
19
20

IT IS FURTHER ORDERED that the hard copy of any electronically filed exhibits shall be
forwarded—for this case—to the staff attorneys in Las Vegas.
DATED: October 25, 2017.

21
22

_________________________________
JAMES C. MAHAN
United States District Judge

23
24
25
26
27
28
-2-