Cordova v. Frazier ( 2019 )

2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 HAROLD CORDOVA, Case No. 3:19-cv-00388-MMD-CBC 7 Petitioner, ORDER v. 8 ISIDRO BACA, et al., 9 Respondents. 10 11 Petitioner has paid the filing fee. Currently before the Court are his petition for a 12 writ of habeas corpus pursuant to 28 U.S.C. § 2254 and a motion for appointment of 13 counsel. 14 Petitioner is financially eligible for appointment of counsel under 18 U.S.C. § 3006A. 15 The Court finds that appointment of counsel is in the interests of justice given Petitioner's 16 lengthy prison sentence in the aggregate and the complexity of his claims. 17 It is therefore ordered that the Clerk file the petition for a writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254 and the motion for appointment of counsel 19 It is further ordered that the motion for appointment of counsel is granted. 20 It is further ordered that the Federal Public Defender is appointed provisionally a 21 counsel. The Federal Public Defender will have 30 days from the date of entry of this order 22 either to undertake representation of Petitioner or to indicate to the Court the office's 23 inability to represent Petitioner. If the Federal Public Defender is unable to represent 24 Petitioner, then the Court will appoint alternate counsel, subject again to establishment of 25 financial eligibility. The Court will set a deadline for filing of an amended petition or a motion 26 seeking other relief after counsel has appeared. The Court anticipates setting the deadline 27 for 90 days from entry of the formal order of appointment. The Court does not signify any 28 implied finding of tolling during any time period established or any extension granted. 1 || Petitioner always remains responsible for calculating the limitation period of 28 U.S.C. § 2 || 2244(d)(1) and timely presenting claims. The Court makes no representation that the 3 || petition, any amendments to the petition, and any claims in the petition or amendments 4 || are not subject to dismissal as untimely. See Sossa v. Diaz, 729 F.3d 1225, 1235 (9th Cir. 5 || 2013). 6 It is further ordered that the Clerk add Aaron Ford, Attorney General for the State 7 || of Nevada, as counsel for Respondents. 8 It is further ordered that the clerk electronically serve both the Attorney General of 9 || the State of Nevada and the Federal Public Defender a copy of the petition and a copy of 10 || this order. 11 It is further ordered that Respondents’ counsel must enter a notice of appearance 12 || within 21 days of entry of this order, but no further response will be required from 13 || Respondents until further order of the court. 14 It is further ordered that the Clerk provide copies of all prior filings to both the 15 || Attorney General and the Federal Public Defender in a manner consistent with the Clerk's 16 || Current practice, such as regeneration of notices of electronic filing. 17 DATED THIS 15" day of August 2019. _ 18 AYO 19 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28