Delapinia v. Williams Sr et al
ORDER that the Clerk directed to file the petition; petitioner's IFP ECF No. 7 is granted; petitioner's motion to file protective petition ECF No. 3 is denied as moot; petitioner's motion for appointment of counsel E CF No. 5 is granted; FPD appointed; FPD will be appointed counsel and will have (30) days to undertake direct representation or indicate to the Court the offices inability to represent petitioner; Clerk directed to add AG as counsel for resp ondents; respondents' counsel must enter a notice of appearance by 11/27/2017; no further response will be required from respondents until further order; Clerk directed to send a copy of this order and the petition to AG and FPD (e-service on 11/07/2017); hard copy of any electronically filed exhibits must be forwarded, for this case, to the staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 11/07/2017. (Copies have been distributed pursuant to the NEF - KW)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RYAN L. DELAPINIA,
Case No. 2:17-cv-02376-MMD-CWH
BRIAN E. WILLIAMS, SR., et al.,
Petitioner has filed a motion for appointment of counsel (ECF No. 5) and an
application to proceed in forma pauperis (ECF No. 7). Petitioner is unable to afford
counsel, and the issues presented warrant the appointment of counsel. See 18 U.S.C.
Petitioner also has filed a motion to file protective petition, holding proceedings in
abeyance, and administratively closing case (ECF No. 3). This motion is moot because
the Court is appointing counsel, who will make the decisions how to proceed with this
It is therefore ordered that the Clerk of the Court file the petition.
It is further ordered that petitioner’s application to proceed in forma pauperis (ECF
No. 7) is granted.
It is further ordered that petitioner’s motion to file protective petition, holding
proceedings in abeyance, and administratively closing case (ECF No. 3) is denied as
It is further ordered that petitioner’s motion for appointment of counsel (ECF No.
5) is granted. The Federal Public Defender is provisionally appointed to represent
It is further ordered that the Federal Public Defender will have thirty (30) days from
the date that this order is entered to undertake direct representation of petitioner or to
indicate to the Court his inability to represent petitioner in these proceedings. If the
Federal Public Defender does undertake representation of petitioner, he will then have
sixty (60) days to file an amended petition for a writ of habeas corpus. If the Federal Public
Defender is unable to represent petitioner, then the Court will appoint alternate counsel.
It is further ordered that neither the foregoing deadline nor any extension thereof
signifies or will signify any implied finding of a basis for tolling during the time period
established. Petitioner at all times remains responsible for calculating the running of the
federal limitation period under 28 U.S.C. § 2244(d)(1) and timely asserting claims.
It is further ordered that the Clerk add Adam Paul Laxalt, Attorney General for the
State of Nevada, as counsel for respondents.
It is further ordered that the Clerk electronically serve both the Attorney General of
the State of Nevada and the Federal Public Defender a copy of the petition and a copy of
It is further ordered that respondents’ counsel must enter a notice of appearance
within twenty (20) days of entry of this order, but no further response will be required from
respondents until further order of the Court.
It is further ordered that the hard copy of any electronically filed exhibits must be
forwarded—for this case—to the staff attorneys in Las Vegas.
DATED THIS 7th day of November 2017.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?