Mendoza v. LeGrand et al

Filing 5

ORDER directing Clerk to file petition and motion to appoint counsel; granting motion to appoint counsel and provisionally appointing the FPD to represent Petitioner; giving FPD 30 days to undertake direct representation or indic ate an inability to do so - if representation is undertaken, amended petition due within 60 days; directing Clerk to add NV AG as counsel for respondents and to e-serve both the NV AG and FPD copies of the petition and this order (NEFs sent 4/15/2015 ); giving Respondents' counsel 20 days to enter a notice of appearance - no further response required 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 Miranda M. Du on 4/15/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ARMANDO C. MENDOZA,

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Case No. 3:15-cv-00507-MMD-VPC
Petitioner,

ORDER

v.
ROBERT LeGRAND, et al.,
Respondents.

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

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appointment of counsel.

Petitioner is unable to afford counsel, and the issues

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presented warrant the appointment of 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

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

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DATED THIS 15th day of April 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE