Vanisi v. McDaniel et al

Filing 5

ORDER GRANTING 1 Application for Leave to Proceed in forma pauperis. FURTHER ORD GRANTING 2 Motion to Appoint Counsel. FPD appointed for P. FPD shall undertake representation of P or indicate inability to do so by 9/5/2010. FURTHER ORD Clerk sha ll FILE the Petition. FURTHER ORD Clerk shall SERVE this Order and Petition upon Rs by certified mail. ( Cert Mail # 7003 2260 0003 9700 8610 ). FURTHER ORD Rs' counsel notice of appearacne due by 9/5/2010. FURTHER ORD Clerk shall SERVE a copy of this Order on Michael Pescetta ( Order mailed 8/6/2010). Signed by Chief Judge Roger L. Hunt on 8/5/2010. (Copies have been distributed pursuant to the NEF - DRM)

Vanisi v. McDaniel et al

Doc. 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This action is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 by Siaosi Vanisi, a Nevada prisoner under sentence of death. Vanisi has filed an application for leave to proceed in forma pauperis (docket #1). In light of the information provided with the application, the court will grant Vanisi in forma pauperis status. Vanisi will not be required to pay the filing fee for this action. In addition, Vanisi filed a motion for appointment of counsel (docket #2). Vanisi's application for leave to proceed in forma pauperis shows that he lacks the resources necessary to employ counsel for this capital habeas corpus action. Therefore, pursuant to 18 U.S.C. § 3599, and in the interests of justice, the Federal Public Defender for the District of Nevada (FPD) shall be appointed to represent Vanisi. If the FPD is unable to represent Vanisi, due to a conflict of interest or other reason, then alternate counsel will be located and appointed by the court. Vanisi's appointed vs. E.K. McDANIEL, et al., Respondents. SIAOSI VANISI, Petitioner, ) ) ) ) ) ) ) ) ) ) / UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

3:10-cv-0448-RLH-VPC ORDER

Dockets.Justia.com

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counsel will represent him in all subsequent proceedings, pursuant to 18 U.S.C. § 3599(e), unless and until allowed to withdraw. IT IS THEREFORE ORDERED that petitioner's Application for Leave to Proceed in Forma Pauperis (docket #1) is GRANTED. The petitioner need not pay the filing fee for this action, and is granted in forma pauperis status with respect to subsequent fees and costs. IT IS FURTHER ORDERED that petitioner's Motion for Appointment of Counsel (docket #2) is GRANTED. The Federal Public Defender for the District of Nevada is appointed to represent petitioner. The Federal Public Defender shall have 30 days from the date of entry of this order to undertake representation of petitioner or to indicate to the court its inability to represent petitioner in these proceedings. IT IS FURTHER ORDERED that the Clerk of the Court shall separately FILE the petition for writ of habeas corpus, which is now found in the record as an attachment to the Application for Leave to Proceed in Forma Pauperis (docket #1). IT IS FURTHER ORDERED that the Clerk of the Court shall SERVE the respondents, by certified mail, with a copy of this order and a copy of the petition for writ of habeas corpus. IT IS FURTHER ORDERED that respondents' counsel shall file a notice of appearance of counsel within 30 days from the date of entry of this order. Respondents, however, need not respond to the habeas corpus petition unless and until the court orders otherwise. IT IS FURTHER ORDERED that the Clerk of the Court shall SERVE a copy of this order on: Michael Pescetta Office of the Federal Public Defender 411 E. Bonneville Ave., Suite 250 Las Vegas, NV 89101

20 21 22 23 24 25 26 _________________________________________ UNITED STATES DISTRICT JUDGE 2 Dated this 5th day of August 2010.