Toribio-Ruiz v. Baca et al

Filing 6

ORDER - # 4 IFP Application is granted. Clerk shall file the petition. # 5 Motion for counsel is granted. FPD is provisionally appointed to represent petitioner. FPD shall notify court by 2/1/2015 re representation of petitioner. Clerk shall add AG as counsel for respondents. Clerk shall e-serve AG and FPD this order and petition. ( e-service performed on 1/2/2015 ) AG shall file notice of appearance by 1/22/2015. Any exhibits shall be filed as specified herein; and send hard copy to staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 1/2/2015. (Copies have been distributed pursuant to the NEF - DRM) Modified on 1/2/2015 to reflect copy of order mailed to P at NNCC (DRM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HERIBERTO TORIBIO-RUIZ,

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Case No. 3:14-cv-00492-MMD-WGC
Petitioner,

ORDER

v.
ISIDRO BACA et. al.,
Respondents.

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Petitioner has submitted an application to proceed in forma pauperis (dkt. no. 4).
The Court finds that petitioner is unable to pay the filing fee.

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Petitioner has submitted a motion for appointment of counsel (dkt. no. 5).

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

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

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It is therefore ordered that the application to proceed in forma pauperis (dkt. no.
4) is granted. Petitioner need not pay the filing fee of five dollars ($5.00).
It is further ordered that the Clerk of the Court shall 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 petitioner’s motion for appointment of counsel (dkt. no. 5)

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is granted. The Federal Public Defender is provisionally appointed to represent

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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

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to indicate to the Court his inability to represent petitioner in these proceedings. If the

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Federal Public Defender does undertake representation of petitioner, he shall then have

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sixty (60) days to file an amended petition for a writ of habeas corpus. If the Federal

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Public Defender is unable to represent petitioner, then the Court shall appoint alternate

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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

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established. Petitioner at all times remains responsible for calculating the running of the

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federal limitation period 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.

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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

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and a copy of 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

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from 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

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attachments that are filed further shall be identified by the number or numbers (or letter

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or letters) of the exhibits in the attachment. The hard copy of any additional state court

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record exhibits shall be forwarded — for this case — to the staff attorneys in Las Vegas.

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DATED THIS 2nd day of January 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE