Miranda-Rivas v. Wickham et al
ORDER directing clerk to file the petition and motion for appointment of counsel; granting the motion for appointment of counsel and provisionally appointing FPD to represent Petitioner; giving FPD 30 days to undertake direct representa tion or indicate an inability to do so; directing Clerk to add NV AG as counsel for Respondents and to e-serve the NV AG and FPD a copy of petition and this order (NEFs sent 12/23/2016); giving Respondents' counsel 20 days to enter notice of appearance. Any state court exhibits to 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 12/23/2016. (Copies have been distributed pursuant to the NEF - KR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:16-cv-00663-MMD-VPC
HAROLD WICKHAM, et al.,
Petitioner has paid the filing fee. He has also submitted a motion for appointment
of counsel. Petitioner is unable to afford counsel, and the issues presented warrant the
appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B).
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.
It is further ordered that the Federal Public Defender will have thirty (30) days from
the date that this order is entered to undertake direct representation of petitioner or to
indicate to the Court his inability to represent petitioner in these proceedings. If the
Federal Public Defender does undertake representation of petitioner, he will then have
sixty (60) days to file an amended petition for a writ of habeas corpus. If the Federal Public
Defender is unable to represent petitioner, then the Court will appoint alternate counsel.
It is further ordered that neither the foregoing deadline nor any extension thereof
signifies or will signify any implied finding of a basis for tolling during the time period
established. Petitioner at all times remains responsible for calculating the running of the
federal limitation period under 28 U.S.C. § 2244(d)(1) and timely asserting claims.
It is further ordered that the Clerk add Adam Paul Laxalt, Attorney General for the
State of Nevada, as counsel for respondents.
It is further ordered that the Clerk electronically serve both the Attorney General of
the State of Nevada and the Federal Public Defender a copy of the petition and a copy of
It is further ordered that respondents’ counsel must enter a notice of appearance
within twenty (20) days of entry of this order, but no further response will be required from
respondents until further order of the Court.
It is further ordered that any exhibits filed by the parties must be filed with a
separate index of exhibits identifying the exhibits by number or letter. The CM/ECF
attachments that are filed further must be identified by the number or numbers (or letter
or letters) of the exhibits in the attachment. The hard copy of any additional state court
record exhibits must be forwarded — for this case — to the staff attorneys in Las Vegas.
The Court otherwise waives compliance with Local Rule LR IA 10-3(e) with regard to the
DATED THIS 23rd day of December 2016.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?