FLORES-DURAN v. ORTIZ

Filing 6

MEMORANDUM OPINION & ORDER directing the Clerk to identify an attorney from the CJA list for appointment to represent Petitioner in all further proceedings in this matter before this Court, etc. Signed by Judge Noel L. Hillman on 9/16/2020. (dmr)(n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

GENARO FLORES-DURAN,
Petitioner,

1:18-cv-8745 (NLH)
MEMORANDUM OPINION & ORDER

v.
DAVID ORTIZ,
Respondent.

APPEARANCES:
Genaro Flores-Duran
54651-056
Fort Dix
Federal Correctional Institution
Inmate Mail/Parcels
East: P.O. Box 2000
Fort Dix, NJ 08640
Petitioner pro se

Craig Carpenito, United States Attorney
Kristin Lynn Vassallo, Assistant United States Attorney
U.S. Attorney’s Office for the District of New Jersey
970 Broad Street
Newark, NJ 07102
Attorneys for Respondent
HILLMAN, District Judge
WHEREAS, Petitioner Genaro Flores-Duran filed a petition
for writ of habeas corpus under 28 U.S.C. § 2241 challenging a
prison disciplinary hearing conducted at FCI Fort Dix, ECF No.
1; and

WHEREAS, upon review of the submissions of the parties and
record, the Court concludes there are factual disputes requiring
the Court to conduct a hearing; and
WHEREAS, specifically, the Court will hear testimony and
take evidence on: (1) whether Petitioner presented a list of
potential witnesses to prison officials; (2) whether the
Disciplinary Hearing Office considered the list; (3) if the
Disciplinary Hearing Officer considered the list, was the list
rejected and for what reason; (4) what Petitioner’s potential
witnesses would have said; and (5) whether the supplied Spanishlanguage translator accurately and completely translated the
proceedings; and
WHEREAS, the Court is required to appoint counsel to
represent Petitioner at an evidentiary hearing, 28 U.S.C. § 2254
Rule 8(c) (made applicable by Rule 1(b)).

See also 18 U.S.C. §

3006A; and
WHEREAS, Petitioner requires a Spanish-language
interpreter,
THEREFORE, IT IS on this

16th

day of September, 2020

ORDERED that the Court appoints counsel to represent
Petitioner in all further proceedings in this matter before this
Court, 18 U.S.C. § 3006A; and it is further
ORDERED that the Clerk of the Court shall identify an
attorney from the CJA list for appointment; and it is further
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ORDERED that appointed counsel shall file a report with the
Court within 45 days of their appointment setting forth the
status of their readiness for a hearing; and it is further
ORDERED that the Clerk shall provide a certified court
Spanish interpreter for purposes of any hearings to be held in
this matter; and it is finally
ORDERED that the Clerk shall send a copy of this Order to
Petitioner by regular mail.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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