Rosaschi v. Wickham et al

Filing 7

ORDER - Clerk shall file the petition, and the motion for appointment of counsel. P's motion for appointment of counsel is granted. FPD is provisionally appointed to represent petitioner. FPD will have until 11/13/2016 to undertake direct re presentation of P or indicate inability to do so. If representation undertaken then amended complaint due by 12/13/2016. Clerk shall add AG as counsel for Rs. Clerk shall e-serve both AG and FPD a copy of the petition and a copy of this order. ( E-service on 10/14/2016.) Rs' counsel shall enter a notice of appearance by 11/3/2016, but no further response will be required until further order of the Court. Any exhibits must be filed with a separate index of exhibits as specified herein. The hard copy of any additional state court record exhibits must be forwarded for this case to the staff attorneys in Las Vegas. Signed by Judge Miranda M. Du on 10/13/2016. (Copies have been distributed pursuant to the NEF - DRM) Modified on 10/14/2016 to reflect copy of Order mailed to P at WSCC (DRM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAMIE ROSASCHI,

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Case No. 3:16-cv-00443-MMD-WGC
Petitioner,

ORDER

v.
HAROLD WICKHAM, 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 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 Clerk of the Court file the petition for a writ of
habeas corpus 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.

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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 Clerkl 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 shall 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 msut 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 13th day of September 2016.
October, 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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