Hazelwood v. Skolinik et al

Filing 11

ORDER directing Clerk to file the petition and motion for appointment of counsel; granting the motion for appointment of counsel; provisionally appointing the FPD to represent petitioner. The FPD shall have 30 days to undertake direct representation or indicate his inability to do so. If the FPD does undertake representation, he shall then have 60 days to file an amended petition. The Clerk shall add Catherine Cortez Masto as counsel for respondents and shall e-serve both the NV AG and FPD a copy of the petition and a copy of this order (NEFs sent 8/5/2014). Respondents' counsel shall enter a notice of appearance within 20 days but no further response is required from them until further court order. Any exhibits shall be filed with separate index. Hard copies of any exhibits shall be forwarded, for this case, to staff attorneys in Las Vegas. Signed by Judge Larry R. Hicks on 8/4/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SHAQUILLE E. HAZELWOOD,

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Petitioner,

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vs.

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HOWARD SKOLNIK, et al.,

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Case No. 3:14-cv-00022-LRH-WGC

Respondents.

ORDER

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Petitioner has paid the filing fee. He has also submitted a motion for appointment of

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counsel. Petitioner is unable to afford counsel, and the issues presented warrant the appointment of

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counsel. See 18 U.S.C. § 3006A(a)(2)(B).

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IT IS THEREFORE ORDERED that the clerk of the court file the petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.

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IT IS FURTHER ORDERED that the clerk of the court file the motion for appointment of
counsel.

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IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel is
GRANTED. The Federal Public Defender is provisionally appointed to represent petitioner.

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IT IS FURTHER ORDERED that the Federal Public Defender shall have thirty (30) days

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from the date that this order is entered to undertake direct representation of petitioner or to indicate

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to the court his inability to represent petitioner in these proceedings. If the Federal Public Defender

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does undertake representation of petitioner, he shall then have sixty (60) days to file an amended

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petition for a writ of habeas corpus. If the Federal Public Defender is unable to represent petitioner,

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then the court shall appoint alternate counsel.

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IT IS FURTHER ORDERED that neither the foregoing deadline nor any extension thereof

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signifies or will signify any implied finding of a basis for tolling during the time period established.

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Petitioner at all times remains responsible for calculating the running of the federal limitation period

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and timely asserting claims.

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IT IS FURTHER ORDERED that the clerk shall add Catherine Cortez Masto, Attorney
General for the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the clerk shall electronically serve both the Attorney

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General of the State of Nevada and the Federal Public Defender a copy of the petition and a copy of

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this order.

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IT IS FURTHER ORDERED that respondents’ counsel shall enter a notice of appearance

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within twenty (20) days of entry of this order, but no further response shall be required from

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respondents until further order of the court.

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IT IS FURTHER ORDERED that any exhibits filed by the parties shall be filed with a

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separate index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments

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that are filed further shall be identified by the number or numbers (or letter or letters) of the exhibits

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in the attachment. The hard copy of any additional state court record exhibits shall be

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forwarded—for this case—to the staff attorneys in Las Vegas.

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DATED this 4th day of August, 2014.

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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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