Delapinia v. Williams Sr et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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RYAN L. DELAPINIA,
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Petitioner,
ORDER
v.
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Case No. 2:17-cv-02376-MMD-CWH
BRIAN E. WILLIAMS, SR., et al.,
Respondents.
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Petitioner has filed a motion for appointment of counsel (ECF No. 5) and an
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application to proceed in forma pauperis (ECF No. 7). Petitioner is unable to afford
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counsel, and the issues presented warrant the appointment of counsel. See 18 U.S.C.
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§ 3006A(a)(2)(B).
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Petitioner also has filed a motion to file protective petition, holding proceedings in
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abeyance, and administratively closing case (ECF No. 3). This motion is moot because
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the Court is appointing counsel, who will make the decisions how to proceed with this
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case.
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It is therefore ordered that the Clerk of the Court file the petition.
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It is further ordered that petitioner’s application to proceed in forma pauperis (ECF
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No. 7) is granted.
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It is further ordered that petitioner’s motion to file protective petition, holding
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proceedings in abeyance, and administratively closing case (ECF No. 3) is denied as
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moot.
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It is further ordered that petitioner’s motion for appointment of counsel (ECF No.
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5) is granted. The Federal Public Defender is provisionally appointed to represent
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petitioner.
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It is further ordered that the Federal Public Defender will have thirty (30) days from
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the date that this order is entered to undertake direct representation of petitioner or to
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indicate to the Court his inability to represent petitioner in these proceedings. If the
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Federal Public Defender does undertake representation of petitioner, he will then have
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sixty (60) days to file an amended petition for a writ of habeas corpus. If the Federal Public
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Defender is unable to represent petitioner, then the Court will appoint alternate counsel.
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It is further ordered that neither the foregoing deadline nor any extension thereof
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signifies or will signify any implied finding of a basis for tolling during the time period
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established. Petitioner at all times remains responsible for calculating the running of the
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federal limitation period under 28 U.S.C. § 2244(d)(1) and timely asserting claims.
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It is further ordered that the Clerk add Adam Paul Laxalt, Attorney General for the
State of Nevada, as counsel for respondents.
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It is further ordered that the Clerk electronically serve both the Attorney General of
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the State of Nevada and the Federal Public Defender a copy of the petition and a copy of
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this order.
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It is further ordered that respondents’ counsel must enter a notice of appearance
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within twenty (20) days of entry of this order, but no further response will be required from
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respondents until further order of the Court.
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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.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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