Colon v. Baker et al

Filing 9

ORDER - Petitioner's request for extension of time to submit payment (ECF No. 6 ) is granted. Petitioner's IFP application (ECF No. 8 ) is denied as moot. Clerk shall file the petition. Petitioner's motion for co unsel (ECF No. 2 ) is granted FPD is provisionally appointed to represent Petitioner. FPD shall undertake direct representation of Petitioner by 5/22/2019, or indicate inability to do so. If representation undertaken then amended petiti on is due by 6/21/2019. Clerk add AG as counsel for Respondents. Clerk of Court electronically serve both the AG and the FPD a copy of the petition and a copy of this order. (E-service 4/22/2019.) Respondents' counsel must enter a notice of appearance by 5/12/2019. Paper copies of any electronically filed exhibits need NOT be provided to chambers or to the staff attorney, unless later directed by the Court. Signed by Judge Miranda M. Du on 4/22/2019. (Copies have been distributed pursuant to the NEF - DRM)

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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,

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

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ORDER

v.
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R. BAKER, et al.,
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Respondents.
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Petitioner has filed a motion for appointment of counsel (ECF No. 2), a request for

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extension of time to submit payment (ECF No. 6), and an application to proceed in forma

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pauperis (ECF No. 8). Petitioner has also paid the filing fee (ECF No. 7), which makes the

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application moot. Nonetheless, Petitioner cannot afford counsel, and the issues presented

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in his case warrant the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B).

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It is therefore ordered that Petitioner’s request for extension of time to submit
payment (ECF No. 6) is granted.
It is further ordered that Petitioner’s application to proceed in forma pauperis (ECF
No. 8) is denied as moot.s
It is further ordered that the Clerk of Court file the petition for a writ of habeas
corpus.

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It is further ordered that that Petitioner’s motion for appointment of counsel (ECF

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No. 2) 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 must, within 30 days from the

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date that this order is entered, undertake direct representation of Petitioner, or indicate to

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the Court his inability to represent Petitioner in these proceedings. If the Federal Public

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Defender does undertake representation of Petitioner, he will then have 60 days to file an

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amended petition for a writ of habeas corpus, if desired. If the Federal Public Defender is

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unable to represent Petitioner, then the Court will appoint alternate 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 Aaron Ford, Attorney General for the State of
Nevada, as counsel for Respondents.

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It is further ordered that the Clerk of Court 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 and

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a copy of this order.

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It is further ordered that Respondents’ counsel must enter a notice of appearance

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within 20 days of entry of this order, but no further response will be required from

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Respondents until further order of the court.

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It is further ordered that, notwithstanding Local Rule LR IC 2-2(g), paper copies of

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any electronically filed exhibits need not be provided to chambers or to the staff attorney,

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unless later directed by the Court.

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DATED THIS 22nd day of April 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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