Fenton v. Baca et al

Filing 12

ORDER that petitioner's motion for appointment of counsel ECF No. 11 is granted; the FPD is provisionally appointed to represent petitioner; FPD to have until 10/01/2017 to undertake direct representation of petitioner or to ind icate to the court his inability to represent petitioner in these proceedings; if FPD does undertake representation of petitioner, he will then have (60) days to file an amended petition for a writ of habeas corpus; if FPD is unable to represent peti tioner, then the court will appoint alternate counsel; the clerk will add Adam Paul Laxalt, AG as counsel for respondents; clerk will electronically serve both the AG and FPD a copy of the petition ECF No. 7 and a copy of this order (NEF regenerat ed and e-service on 09/01/2017); that respondents counsel will enter a notice of appearance within (20) days of entry of this order, but no further response will be required from respondents until further order of the court; that any exhibits filed by the parties must be filed with a separate index of exhibits identifying the exhibits by number or letter; hard copy of any additional state court record exhibits shall be forwarded-for this case-to the staff attorneys in Las Vegas; petitioner's motion for enlargement of time (first request) ECF No. 10 is denied as moot (copy of order mailed to Plaintiff on 09/01/2017). Signed by Judge Miranda M. Du on 09/01/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOHN MARK FENTON,

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Case No. 3:16-cv-00749-MMD-VPC
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,
Respondents.

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Petitioner has filed a motion for appointment of counsel (ECF No. 11). Petitioner

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is unable to afford counsel, and the issues presented warrant the appointment of

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counsel. See 18 U.S.C. § 3006A(a)(2)(B).

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Petitioner also has filed a motion for enlargement of time (first request) (ECF No.

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10). This motion is moot because the court is appointing counsel, who will have the

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opportunity through this order to file an amended petition.

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It is therefore ordered that petitioner’s motion for appointment of counsel (ECF

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No. 11) is granted. The Federal Public Defender is provisionally appointed to represent

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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 will 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 will 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

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(ECF No. 7) and a copy of this order.

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It is further ordered that respondents’ counsel will 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 shall 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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It is further ordered that petitioner’s motion for enlargement of time (first request)
(ECF No. 10) is denied as moot.
DATED THIS 1st day of September 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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