McCaskill v. Budge et al

Filing 19

ORDER APPOINTING COUNSEL: Attorney Mary Beth Gardner, Esq., is hereby appointed to represent Petitioner Jeremy Dale McCaskill, effective October 14, 2009. Counsel for Petitioner shall have until Friday, February 12, 2010 to file an amended p etition. The Court will screen the amended petition prior to ordering a response from Respondents.The Clerk shall send a copy of this order to current and previous counsel for Petitioner, to counsel for Respondents, to the Petitioner Jeremy Dale McCaskill, and to the CJA Coordinator for this Division. Signed by Judge Edward C. Reed, Jr on 10/15/09. (Copies have been distributed pursuant to the NEF - RD)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RENO, NEVADA

5 JEREMY DALE McCASKILL, 6 7 vs. 8 MICHAEL BUDGE, et al., 9 10 11 Respondents. Petitioner,

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CASE NO. 3:08-cv-00687-ECR-RAM ORDER APPOINTING COUNSEL

On September 8, 2009, this Court entered an Order (Doc. #14) appointing the office of

12 the Federal Public Defender as counsel for Petitioner, Jeremy Dale McCaskill. On October 7, 2009, the 13 Federal Public Defender's Office filed a Notice of Conflict and Request to Withdraw (Doc. #15) 14 indicating that office has a conflict precluding its representation of Petitioner. On October 14, 2009, the 15 Court entered an order (#18) granting the request of the Federal Public Defender's Office to withdraw as 16 counsel. 17 The Court's Criminal Justice Act Designee has located other counsel who is willing to be

18 appointed to represent the Petitioner. 19 IT IS THEREFORE ORDERED that effective October 14, 2009, Mary Beth Gardner,

20 Esq., 360 St. Lawrence Ave., Reno, NV 89509, [phone], is hereby APPOINTED to represent 21 the Petitioner herein. Ms. Gardner is a Criminal Justice Act panel attorney for the United States District 22 Court, District of Nevada. Ms. Gardner shall represent Petitioner in all future proceedings in this court 23 relating to this matter (including subsequent actions) and appeals therefrom, pursuant to 18. U.S.C. 24 Section 3006A (a)(2)(B), until allowed to withdraw. 25 IT IS FURTHER ORDERED that counsel for Petitioner shall meet with Petitioner as

26 soon as reasonably possible to: (a) review the procedures applicable in cases under 28 U.S.C. Section 27 2254; (b) discuss and explore with Petitioner, as fully as possible, the potential grounds for habeas corpus 28 -1-

1 relief in Petitioner's case; and (c) advise Petitioner that all possible grounds for habeas corpus relief must 2 be raised at this time and that the failure to do so will likely result in the omitted grounds being barred 3 from future review. 4 IT IS FURTHER ORDERED that counsel for Petitioner shall have until up to and

5 including Friday, February 12, 2010 to file an amended petition. The court will screen the amended 6 petition prior to ordering a response from Respondents. 7 IT IS FURTHER ORDERED that the Clerk shall send a copy of this order to current

8 and previous counsel for Petitioner, to counsel for Respondents, to the Petitioner Jeremy Dale McCaskill 9 and to the CJA Coordinator for this Division.. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2____________________________________ UNITED STATES DISTRICT JUDGE Dated, this 15th day of October, 2009.