Miranda-Rivas v. Wickham et al

Filing 5

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)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 JORGE MIRANDA-RIVAS, 10 11 12 13 Case No. 3:16-cv-00663-MMD-VPC Petitioner, ORDER v. HAROLD WICKHAM, et al., Respondents. 14 Petitioner has paid the filing fee. He has also submitted a motion for appointment 15 of counsel. Petitioner is unable to afford counsel, and the issues presented warrant the 16 appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). 17 18 19 20 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. 21 It is further ordered that the Federal Public Defender will have thirty (30) days from 22 the date that this order is entered to undertake direct representation of petitioner or to 23 indicate to the Court his inability to represent petitioner in these proceedings. If the 24 Federal Public Defender does undertake representation of petitioner, he will then have 25 sixty (60) days to file an amended petition for a writ of habeas corpus. If the Federal Public 26 Defender is unable to represent petitioner, then the Court will appoint alternate counsel. 27 It is further ordered that neither the foregoing deadline nor any extension thereof 28 signifies or will signify any implied finding of a basis for tolling during the time period 1 established. Petitioner at all times remains responsible for calculating the running of the 2 federal limitation period under 28 U.S.C. § 2244(d)(1) and timely asserting claims. 3 4 It is further ordered that the Clerk add Adam Paul Laxalt, Attorney General for the State of Nevada, as counsel for respondents. 5 It is further ordered that the Clerk electronically serve both the Attorney General of 6 the State of Nevada and the Federal Public Defender a copy of the petition and a copy of 7 this order. 8 It is further ordered that respondents’ counsel must enter a notice of appearance 9 within twenty (20) days of entry of this order, but no further response will be required from 10 respondents until further order of the Court. 11 It is further ordered that any exhibits filed by the parties must be filed with a 12 separate index of exhibits identifying the exhibits by number or letter. The CM/ECF 13 attachments that are filed further must be identified by the number or numbers (or letter 14 or letters) of the exhibits in the attachment. The hard copy of any additional state court 15 record exhibits must be forwarded — for this case — to the staff attorneys in Las Vegas. 16 The Court otherwise waives compliance with Local Rule LR IA 10-3(e) with regard to the 17 exhibits. 18 DATED THIS 23rd day of December 2016. 19 20 21 22 23 24 25 26 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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