Rosales v. Byrne et al

Filing 5

ORDER granting ECF No. 1 IFP application; 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 indicate 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 5/6/2016); 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 Robert C. Jones on 5/6/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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GARY CRAIG ROSALES,

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Petitioner,

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vs.

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Case No. 3:16-cv-00003-RCJ-WGC

Q. BYRNE, et al.,

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ORDER

Respondents.

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Petitioner has submitted an application to proceed in forma pauperis (#1),a petition for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254, and a motion for appointment of counsel. The court

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finds that petitioner is unable to pay the filing fee. Petitioner is unable to afford counsel, and the

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issues 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 application to proceed in forma pauperis (#1) 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 and the motion for appointment of counsel.
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel is
GRANTED. The Federal Public Defender is provisionally appointed to represent petitioner.
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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under 28 U.S.C. § 2244(d)(1) and timely asserting claims.

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IT IS FURTHER ORDERED that the clerk shall add Adam Paul Laxalt, 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 that

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

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the attachment. The hard copy of any additional state court record exhibits shall be forwarded—for

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this case—to the staff attorneys in Las Vegas.

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DATED: This 6th day of May, 2016.
Dated:

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_________________________________
ROBERT C. JONES
United States District Judge

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