Marquez v. McDaniel et al

Filing 3

ORDER - # 1 IFP Application is granted. Clerk will file the petition and the motion for counsel. Motion for counsel is granted. FPD is provisionally appointed to represent petitioner. FPD shall undertake representation within 30 days or file notice re inability to do so. Amended petition due 60 days thereafter. Clerk shall add Adam Laxalt, AG, as counsel for Rs. AG must enter notice of appearance by 11/29/2015. Exhibits shall be filed as specified herein, and hard copy to staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 11/9/2015. (Copy mailed to P at ESP.)(Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ALEX MARQUEZ,

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Case No. 3:15-cv-00492-MMD-VPC
Petitioner,

ORDER

v.
E. K. McDANIEL, et al.,
Respondents.

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Petitioner has filed an application to proceed in forma pauperis, accompanied by

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a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and a motion for

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

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warrant the appointment 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.
1) is granted. Petitioner need not pay the filing fee of five dollars ($5.00).

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It is further ordered that the Clerk of the Court will file the petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254 and the motion for appointment of

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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 will 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 will 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 will 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 under 28 U.S.C. § 2244(d)(1) and timely asserting claims.

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It is further ordered that the Clerk add Adam Paul Laxalt, Attorney General for the
State of Nevada, as counsel for respondents.

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It is further ordered that the Clerk electronically serve both the Attorney General

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

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copy of this order.

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It is further ordered that respondents’ counsel must enter a notice of appearance

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within twenty (20) days of entry of this order, but no further response will 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 must 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 must 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 must be forwarded — for this case—to the staff attorneys in Las Vegas.

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DATED THIS 9th day of November 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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