Colon v. Baker et al

Filing 13

ORDER withdrawing provisional appointment of FPD and appointing Jim Halley, Esq. as counsel for Petitioner; granting Mr. Halley permission to appear pro hac vice in all federal proceedings related to this matter during the penden cy of this appointment and waiving the requirements for a verified petition for permission to appear pro hac vice and payment of $250 fee; giving Petitioner 60 days to file a counseled amended petition; directing Clerk to provide c ounsel, upon his request, a single set of electronic copies of all prior filings herein; directing Clerk to send a copy of this order to the Petitioner at the last institutional address in the record (mailed 5/20/2019). Signed by Judge Miranda M. Du on 5/20/2019. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARC ANTHONY COLON,

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Case No. 3:18-cv-00490-MMD-CBC
Petitioner,

ORDER

v.
R. BAKER, et al.,
Respondents.

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Following upon the Federal Public Defender’s notice of conflict (ECF No. 11),

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It is ordered that the provisional appointment of the Federal Public Defender is

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withdrawn and that the following practitioner is appointed as counsel for Petitioner

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pursuant to 18 U.S.C. § 3006A(a)(2)(B):

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Jim Halley
James F. Halley, P.C.
735 SW First Ave., Second Floor
Portland, OR 97204
503-295-0301
[e-mail]

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Counsel will represent Petitioner in all federal proceedings related to this matter, including

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any appeals or certiorari proceedings, unless allowed to withdraw.

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It is further ordered that the Court grants Mr. Halley permission to appear pro hac

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vice in all federal proceedings related to this matter during the pendency of this

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appointment, and the Court waives the requirements of Local Rule LR IA 11-2 for a

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verified petition for permission to appear pro hac vice and payment of a two hundred fifty

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dollar ($250.00) fee. The Court finds that such waiver is in the interests of justice given a

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temporary limited availability of counsel on this District’s Criminal Justice Act (“CJA”)

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panel and Mr. Halley’s membership on the corresponding CJA panel in the District of

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Oregon.

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It is further ordered that Petitioner will have 60 days from entry of this order within

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which to file a counseled amended petition. Any deadline established and/or any

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extension thereof will not signify any implied finding of a basis for tolling during the time

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period established. Petitioner at all times remains responsible for calculating the running

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of the federal limitation period and timely presenting claims. That is, by setting a deadline

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and/or by granting any extension thereof, the Court makes no finding or representation

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that the petition, any amendments thereto, and/or any claims contained therein are not

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subject to dismissal as untimely. See Sossa v. Diaz, 729 F.3d 1225, 1235 (9th Cir. 2013).

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Following entry of Mr. Halley as counsel of record on the docket, the Clerk of Court

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will provide counsel, upon his request, with a single set of electronic copies of all prior

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filings herein in a manner consistent with the Clerk of Court’s current practice, such as

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regeneration of notices of electronic filing.

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The Clerk of Court further will send a copy of this order to the Petitioner in proper

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person at the last institutional address in the record and reflect said transmittal either via

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the notice of electronic filing or on the docket, in a manner consistent with the Clerk of

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Court’s current practice.

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DATED THIS 20th day of May 2019.

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________________________________
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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