Tellis v. Donat et al

Filing 7

ORDER GRANTING 5 Motion for appointment of counsel. FURTHER ORD FPD shall have 30 days to undertake direct representation of P, or to indicate inability to do so. FURTHER ORD Clerk shall add AG as counsel for Rs and make informal E-service of th is order and attachments listed herein. Rs' counsel shall enter a notice of appearance by 11/23/2010 but no further response is required until further order of this Court. The Clerk of Court accordingly shall send a copy of this order a long with a copy of the petition, the show cause order (# 3 ), and the show cause response (# 6 ) to the pro se petitioner, the Attorney General, the Federal Public Defender, and the CJA Coordinator for this Division. ( E-Service performed to AG, FPD , and CJA Coordinator on 11/3/2010; and, manual service to P ) Signed by Judge Edward C. Reed, Jr on 11/2/2010. ( Attachments: # 1 Petition, # 2 Order to Show Cause # 3 , # 3 Show Cause Response # 6 )(Copies have been distributed pursuant to the NEF - DRM)

Tellis v. Donat et al

Doc. 7

1 2 3 4 5 6 7 8 9 LESTER L. TELLIS, 10 Petitioner, 11 vs. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This matter comes before the Court on petitioner's motion (#5) for appointment of counsel and following upon petitioner's response (#6) to the Court's show cause order (#3) directed to whether the petition is exhausted. Following review, the Court finds that the interests of justice warrant the appointment of counsel. IT THEREFORE IS ORDERED that petitioner's motion (#5) for appointment of counsel is GRANTED. The counsel appointed will represent petitioner in all federal proceedings related to this matter, including any appeals or certiorari proceedings, unless allowed to withdraw. IT FURTHER IS ORDERED that the Federal Public Defender for the District of Nevada shall have thirty (30) days to undertake direct representation of the petitioner or to indicate to the Court an inability to represent petitioner in these proceedings. If the Federal Public Defender is unable to represent petitioner, the Court then shall appoint alternate counsel. A BILL DONAT, et al. Respondents. ORDER 3:10-cv-00387-ECR-VPC

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Dockets.Justia.com

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deadline for the filing of an amended petition will be set after counsel has filed a notice of appearance, in the order confirming the specific appointment. The Court anticipates setting the deadline for 120 days based upon the current record. IT FURTHER IS ORDERED that the Clerk of Court shall add Attorney General Catherine Cortez Masto as counsel for respondents and shall make informal electronic service upon respondents by directing a notice of electronic filing to her with the order and the attachments listed below. Respondents' counsel shall enter a notice of appearance herein within twenty (20) days of entry of this order, but no further response shall be required from respondents until further order of this Court. The Clerk of Court accordingly shall send a copy of this order along with a copy of the petition, the show cause order (#3), and the show cause response (#6) to the pro se petitioner, the Attorney General, the Federal Public Defender, and the CJA Coordinator for this Division. DATED: November 2, 2010

___________________________________ EDWARD C. REED United States District Judge

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