Kublawi v. Palmer et al

Filing 3

ORDERED that P's # 1 Application to proceed IFP is GRANTED. Clerk shall detach and file the petition and motion for appointment of counsel. (Copy of filed petition mailed to P 11/3/2011) FURTHER ORDERED that the Motion for Appointment of Couns el (# 1 -2) is GRANTED. The FPD is appointed to represent P. FURTHER ORDERED that the Clerk shall E-SERVE FPD and Rs with a copy of this Order, together with a copy of the petition for WHC and its attachments. (E-service performed 11/3/2011) The FPD file a notice of appearance by 12/3/2011 or indicate to the Court its inability to represent P. Rs shall have 20 days to file a notice of appearance. FURTHER ORDERED that, after counsel has appeared for P in this case, the Court will issue a scheduling order, which will, among other things, set a deadline for the filing of a First Amended Petition. Signed by Judge Edward C. Reed, Jr on 11/1/2011. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MOUNIR A. KUBLAWI,
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Petitioner,
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vs.
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JACK PALMER, et al.,
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Respondents.
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____________________________________/

3:11-CV-0789-ECR-VPC
ORDER

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Petitioner has filed an Application to Proceed in Forma Pauperis (ECF No. 1) and has

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submitted a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 and a Motion for

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Appointment of Counsel.

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The financial information provided in support of the Application to Proceed in Forma

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Pauperis indicates that petitioner is unable to pay the filing fee. Therefore, his in forma pauperis

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application shall be granted.

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The Court will also grant petitioner’s Motion for Appointment of Counsel. The

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petition filed in this action includes several claims and has attached a large volume of exhibits and

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supporting documentation, suggesting that it may be a relatively complex petition. Furthermore,

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petitioner faces a lengthy sentence. Moreover, the issues raised in the petition suggest a possible

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need for investigation of background facts.

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Therefore, the Federal Public Defender for the District of Nevada (FPD) shall be

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appointed to represent petitioner. If the FPD is unable to represent petitioner, due to a conflict of

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interest or other reason, then alternate counsel for petitioner shall be located, and the Court will enter

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a separate order appointing such alternate counsel. In either case, counsel will represent petitioner

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in all future federal proceedings relating to this matter (including subsequent actions) and appeals

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therefrom, unless allowed to withdraw.

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IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma

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pauperis (ECF No. 1) is GRANTED. The Clerk shall detach and file the petition and motion for

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appointment of counsel.

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IT IS FURTHER ORDERED that the Motion for Appointment of Counsel (ECF
No. 1-2) is GRANTED. The Federal Public Defender is appointed to represent Petitioner.
IT IS FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE

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the Federal Public Defender for the District of Nevada (FPD) and respondents with a copy of this

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Order, together with a copy of the petition for writ of habeas corpus and its attachments. The FPD

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shall have thirty (30) days from the date of entry of this Order to file a notice of appearance or to

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indicate to the Court its inability to represent petitioner in these proceedings. Respondents shall

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have twenty days to file a notice of appearance identifying the name and contact information for the

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attorney assigned to the case.

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IT IS FURTHER ORDERED that, after counsel has appeared for petitioner in this

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case, the Court will issue a scheduling order, which will, among other things, set a deadline for the

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filing of a First Amended Petition.

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DATED this 1st day of November 2011.

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___________________________________
UNITED STATES DISTRICT JUDGE

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