Coleman v. LeGrand et al

Filing 9

ORDER FPD appointed as counsel for petitioner, with Jonathan M. Kirshbaum, Esq., appearing as petitioner's counsel of record. Amended Petition due within 30 days. Signed by Judge Robert C. Jones on 9/9/14. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 MELVIN CHARLES COLEMAN, JR., No. 3:14-cv-00337-RCJ-VPC 8 Petitioner, 9 10 ORDER vs. 11 ROBERT LEGRAND, et al., 12 Respondents. 13 14 15 16 Following upon the notice (#8) of appearance by petitioner's counsel in this habeas matter, 17 IT IS ORDERED that the Federal Public Defender's Office is appointed as counsel for 18 petitioner pursuant to 18 U.S.C. ยง 3006A(a)(2)(B), with Jonathan M. Kirshbaum, Esq., 19 appearing as petitioner's counsel of record. 20 IT FURTHER IS ORDERED that petitioner shall have until up to and including thirty 21 (30) days from entry of this order within which to file an amended petition and/or seek other 22 appropriate relief. Neither the foregoing deadline nor any extension thereof signifies or will 23 signify any implied finding as to the expiration of the federal limitation period and/or of a basis 24 for tolling during the time period established. Petitioner at all times remains responsible for 25 calculating the running of the federal limitation period and timely asserting claims, without 26 regard to any deadlines established or extensions granted herein. That is, by setting a 27 deadline to amend the petition and/or by granting any extension thereof, the Court makes no 28 finding or representation that the petition, any amendments thereto, and/or any claims 1 contained therein are not subject to dismissal as untimely. See Sossa v. Diaz, 729 F.3d 2 1225, 1235 (9th Cir. 2013). 3 4 5 The Court will screen the amended petition and any papers filed therewith prior to ordering further action in the matter. DATED: September 9, 2014. 6 7 8 9 __________________________________ ROBERT C. JONES United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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