Wilson v. State of Nevada

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 JEFFREY WILSON, Case No. 2:19-cv-00549-JAD-DJA 5 Petitioner, v. Order Confirming 6 Appointment of Counsel JERRY HOWELL,et al., 7 [ECF No.28] Respondents. 8 9 Because the Federal Public Defender has entered an appearance on behalf of Petitioner 10 Jeffrey Wilson,1 IT IS HEREBY ORDEREDthat: 11 1. The Federal Public Defender, through C.B. Kirschner, Esq., is appointed as counsel 12 for Wilsonunder 18 U.S.C. §3006A(a)(2)(B). Kirschnerwill represent Wilsonin all 13 federal proceedings related to this matter, including any appeals orcertiorari 14 proceedings, unless allowed to withdraw. 15 2. Wilsonwill have until July 6, 2020, to filean amended petition or seek other 16 appropriate relief. This deadline and any extensions of it may not beconstrued as 17 implied findings regarding the federal limitation period or a basis for tolling. Wilson 18 at all times remains responsible for calculating the limitation period and timely 19 asserting claims, without regard to any court-ordered deadlines or extensions. So, a 20 petition oramended petition filed within a court-ordered deadline may still be 21 dismissed as untimely if it violates the statute of limitations.2 22 3. IfWilsonfiles an amended petition, Respondents will have 30 days from the date of 23 service to respond to it—includingby motion to dismiss. Wilsonwill have 30 days 24 from the date of service of an answer to file a reply. However, Local Rule LR 7-2(b) 25 governs the scheduling for responses and replies to motions filed by either party, 26 including motions filed in lieu of pleadings. 27 1ECF No.28. 28 2See Sossa v. Diaz, 729 F.3d 1225, 1235 (9th Cir. 2013). 1 4. Any additional instructions stated in the April 2019 scheduling order remain in 2 effect. 3 Dated: April 6, 2020. 4 5 ge ‘ US. District Judge rf ifer A Dbrsey 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 || No. 6.