Dunn v. Baca

• Court: District Court, D. Nevada
• Decided: January 10, 2020
• Docket: 3:19-cv-00702
• Status: Unknown

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 PATRICK DUNN, Case No. 3:19-cv-00702-MMD-WGC

7 Petitioner, ORDER v. 8

9 ISIDRO BACA, et al.,

10 Respondents.

11 12 Currently before the Court are Petitioner Patrick Dunn’s petition for a writ of habeas 13 corpus pursuant to 28 U.S.C. § 2254 (ECF No. 1-1) and a motion for appointment of 14 counsel (ECF No. 4.) Petitioner has paid the filing fee. (ECF No. 5.) 15 Petitioner is financially eligible for appointment of counsel under 18 U.S.C. § 3006A. 16 The Court finds that appointment of counsel is in the interests of justice given Petitioner's 17 lengthy prison sentence in the aggregate and the complexity of his claims. 18 It is therefore ordered that the Clerk will file the petition for a writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. (ECF No. 1-1.) 20 It is further ordered that the motion for appointment of counsel (ECF No. 4) is 21 granted. 22 It is further ordered that the Federal Public Defender is appointed provisionally as 23 counsel. The Federal Public Defender will have 30 days from the date of entry of this order 24 either to undertake representation of Petitioner or to indicate to the Court the office's 25 inability to represent Petitioner. If the Federal Public Defender is unable to represent 26 Petitioner, then the Court will appoint alternate counsel, subject again to establishment of 27 financial eligibility. The Court will set a deadline for filing of an amended petition or a motion 28 seeking other relief after counsel has appeared. The Court anticipates setting the deadline 1 || for 90 days from entry of the formal order of appointment. The Court does not signify any 2 || implied finding of tolling during any time period established or any extension granted. 3 || Petitioner always remains responsible for calculating the limitation period of 28 U.S.C. § 4 || 2244(d)(1) and timely presenting claims. The Court makes no representation that the 5 || petition, any amendments to the petition, and any claims in the petition or amendments 6 || are not subject to dismissal as untimely. See Sossa v. Diaz, 729 F.3d 1225, 1235 (9th Cir. 7 || 2013). 8 It is further ordered that the Clerk add Aaron Ford, Attorney General for the State 9 || of Nevada, as counsel for Respondents. 10 It is further ordered that the Clerk electronically serve both the Attorney General of 11 || the State of Nevada and the Federal Public Defender a copy of the petition and a copy of 12 || this order. 13 It is further ordered that Respondents’ counsel must enter a notice of appearance 14 || within 21 days of entry of this order, but no further response will be required from 15 || Respondents until further order of the Court. 16 It is further ordered that the Clerk will provide copies of all prior filings to both the 17 || Attorney General and the Federal Public Defender in a manner consistent with the Clerk's 18 || current practice, such as regeneration of notices of electronic filing. 19 DATED THIS 10" day of January 2020. 20 21 MIRANDA M. DU 22 CHIEF UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28