Aguilar v. Baker et al

Filing 20

ORDERED that the FPD is hereby released as counsel. FURTHER ORDERED that CJA Mary Lou Wilson is hereby appointed to represent the petitioner herein. FURTHER ORDERED that CJA counsel for petitioner shall meet with petitioner as soon as reasonably possible as specified herein. FURTHER ORDERED that counsel for petitioner and counsel for respondents shall within 45 days file a joint statement describing what portions of petitioner's state court record have been obtained and what portio ns are missing. FURTHER ORDERED that counsel for petitioner shall file an amended petition for writ of habeas corpus within 90 days; Answer/response due 30 days thereafter. Signed by Judge Miranda M. Du on 5/15/2013. (Copies have been distributed pursuant to the NEF; Copy mailed to P at ESP - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GILBERT DEMETRIUS AGUILAR,

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Petitioner,
v.

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ORDER RELEAVING FPD AND
APPOINTING CJA CONFLICT COUNSEL

RENEE BAKER, et al.,
Respondents.

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Case No. 3:12-cv-00397-MMD-WGC

The Court previously appointed the Federal Public Defender to represent the
petitioner (dkt. no. 18).

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The Federal Public Defender (herein "FPD") has identified a conflict of interest

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with the petitioner, and has indicated to the Court their inability to further represent the

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petitioner (dkt no. 19). The Court's Criminal Justice Act Designee has, however, located

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counsel, Mary Lou Wilson, who is willing to be appointed to represent the petitioner

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herein.

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IT IS THEREFORE ORDERED that the FPD is hereby released as counsel.

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IT IS FURTHER ORDERED that Mary Lou Wilson is hereby appointed to

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represent the petitioner herein. Ms. Wilson, is a Criminal Justice Act panel attorney for

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the United States District Court, District of Nevada. Ms. Wilson shall represent petitioner

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in all future proceedings in this Court relating to this matter (including subsequent

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actions) and appeals therefrom, pursuant to 18. U.S.C. Section 3006A (a)(2)(B), until

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allowed to withdraw.

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IT IS FURTHER ORDERED that CJA counsel for petitioner shall meet with

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petitioner as soon as reasonably possible to: (a) review the procedures applicable in

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cases under 28 U.S.C. Section 2254; (b) discuss and explore with petitioner, as fully as

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possible, the potential grounds for habeas corpus relief in petitioner's case; and (c)

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advise petitioner that all possible grounds for habeas corpus relief must be raised at this

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time and that the failure to do so will likely result in the omitted grounds being barred

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from future review under the rules regarding abuse of writ.

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IT IS FURTHER ORDERED that counsel for petitioner and counsel for

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respondents shall within forty-five (45) days file a joint statement describing what

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portions of petitioner's state court record have been obtained and what portions are

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missing. Counsel for respondents should make available to counsel for petitioner

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(photocopying costs at the latter's expense), as soon as reasonably possible, a copy of

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whatever portions of the state court record they possess regarding the judgment

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petitioner is challenging herein.

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IT IS FURTHER ORDERED that counsel for petitioner shall file an amended

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petition for writ of habeas corpus within ninety (90) days, which shall include all known

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grounds for relief (both exhausted and unexhausted). Respondent shall have thirty (30)

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days after the filing of the amended petitioner within which to answer, or otherwise

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respond to, the amended petition.

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DATED THIS 15th day of May 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE