Morrissette v. Russell

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 JERRY LEE MORRISSETTE, SR., Case No. 3:21-cv-00189-MMD-CLB

7 Petitioner, ORDER v. 8 PERRY RUSSELL, et al., 9 Respondents. 10 11 This is a habeas corpus action under 28 U.S.C. § 2254. Currently before the Court 12 are the petition for a writ of habeas corpus and the motion for appointment of counsel. 13 (ECF Nos. 2, 3.) Although Petitioner Jerry Morrissette has paid the filing fee, he is unable 14 to afford counsel. See 18 U.S.C. § 3006A(a)(2)(B). The issues that Morrissette presents 15 would benefit from appointment of counsel. The Court thus will appoint counsel. 16 It is therefore ordered that Morrissette’s motion for appointment of counsel (ECF 17 No. 3) is granted. Counsel will represent Morrissette in all federal proceedings related to 18 this matter, including any appeals or certiorari proceedings, unless allowed to withdraw. 19 It is further ordered that the Federal Public Defender (“FPD”) is appointed 20 provisionally as counsel for Morrissette. The FPD will have 30 days from the date of entry 21 of this order either to undertake representation of Morrissette or to indicate to the Court 22 the office's inability to represent Morrissette. If the FPD is unable to represent Morrissette, 23 then the Court will appoint alternate counsel, subject again to establishment of financial 24 eligibility. The Court will set a deadline for filing of an amended petition or a motion 25 seeking other relief after counsel has appeared. The Court does not signify any implied 26 finding of tolling during any time period established or any extension granted. Morrissette 27 remains responsible for calculating the limitation period of 28 U.S.C. § 2244(d)(1) and 28 timely presenting claims. The Court makes no representation that the petition, any 1 || amendments to the petition, and any claims in the petition or amendments are not subject 2 || to dismissal as untimely. See Sossa v. Diaz, 729 F.3d 1225, 1235 (9th Cir. 2013). 3 The Clerk of Court is directed to add Aaron Ford, Attorney General for the State of 4 || Nevada, as counsel for Respondents. 5 It is further ordered that Respondents’ counsel must enter a notice of appearance 6 || within 21 days of entry of this order, but no further response will be required from 7 || Respondents until further order of the Court. 8 The Clerk of Court is further directed to provide copies of this order and all prior 9 || filings to both the Attorney General and the FPD in a manner consistent with the Clerk of 10 || Court's current practice, such as regeneration of notices of electronic filing. 11 It is further ordered that, notwithstanding LR IC 2-2(g), paper copies of any 12 || electronically filed exhibits need not be provided to chambers or to the staff attorney, 13 || unless later directed by the Court. 14 DATED THIS 5" Day of May 2021. _ 15

16 f L { v )_ MIRANDA M. DU 17 CHIEF UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28