Cisneros v. Baker

Filing 5

ORDER Petition and motion for appointment of counsel shall be filed and electronically served upon respondents (served via NEF 3/7/13). Respondents to file notice of appearance within 20 days. Motion for Appointment of Counsel GRANTE D. FPD appointed to represent Petitioner. Clerk shall electronically serve FPD copy of this order and copy of petition (served via NEF 3/7/13). FPD shall have 30 days to file notice of appearance or indicate its inability to represent petitioner. Signed by Judge Larry R. Hicks on 3/6/13. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

7
8
9

MAXIMILLIANO CISNEROS,

10

Petitioner,

11

vs.

12

WARDEN R. BAKER,

13
14
15

Respondent.

)
)
)
)
)
)
)
)
)

3:13-cv-00033-LRH-VPC
ORDER

Petitioner Maximilliano Cisneros has paid the required filing fee and the Court has reviewed his
petition and motion for appointment of counsel.

16

Petitioner was convicted on charges of second degree murder with the use of a deadly weapon.

17

He is serving a sentence of two consecutive terms of ten years to life. He has presented claims alleging

18

a denial of due process and ineffective assistance of counsel in the state court. The petition as presented

19

herein raises only a claim that petitioner received ineffective assistance of post-conviction counsel where

20

he may have been misled as to how much time he had to file his federal petition. He encloses a copy

21

of the Nevada Supreme Court’s order affirming his conviction entered October 31, 2007, and a copy

22

of his state post-conviction petition which was filed in November, 2008. The Court will construe the

23

claims raised in these documents as being intended as claims in this action. The timeliness of the

24

petition may be at issue.

25

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

26

represent petitioner. If the FPD is unable to represent petitioner, due to a conflict of interest or other

1

reason, then alternate counsel for petitioner shall be located, and the Court will enter a separate order

2

appointing such alternate counsel. In either case, counsel will represent petitioner in all future federal

3

proceedings relating to this matter (including subsequent actions) and appeals therefrom, unless allowed

4

to withdraw.

5

IT IS THEREFORE ORDERED that the petition and motion for appointment of counsel shall

6

be filed and electronically served upon respondents. Respondents shall file a notice of appearance

7

within twenty days of entry of this Order

8
9

IT IS FURTHER ORDERED that petitioner’s Motion for Appointment of Counsel is
GRANTED. The Federal Public Defender is appointed to represent Petitioner.

10

IT IS FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE the Federal

11

Public Defender for the District of Nevada (FPD) a copy of this Order, together with a copy of the

12

petition for writ of habeas corpus and its attachments (ECF No. 1-1). The FPD shall have thirty (30)

13

days from the date of entry of this Order to file a notice of appearance or to indicate to the Court its

14

inability to represent petitioner in these proceedings.

15

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

16

Court will issue a scheduling order, which will, among other things, set a deadline for the filing of a First

17

Amended Petition.

18
19

DATED this 6th day of March, 2013.

20

___________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
2