Dominguez v. Williams et al
Filing
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ORDER that the Office of the Federal Public Defender is appointed to represent petitioner. The Clerk shall electronically serve the FPD a copy of this order and the petition. The Clerk shall send a copy of this order to the CJA coordinator. The Clerk shall serve respondents with a copy of this order by certified mail. Signed by Judge James C. Mahan on 2/1/13. (Copies have been distributed pursuant to the NEF - MMM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DEMAIN DOMINGUEZ
a/k/a
DEMIAN DOMINGUEZ,
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Petitioner,
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vs.
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BRIAN E. WILLIAMS, et al.,
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Respondents.
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____________________________________/
2:12-cv-01608-JCM-PAL
ORDER
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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,
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by a Nevada state prisoner.
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Petitioner has paid the $5.00 filing fee for this action. The court has reviewed the petition
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and its attachments. The court must appoint counsel where the complexities of the case are such that
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denial of counsel would amount to a denial of due process, Brown v. United States, 623 F.2d 54, 61
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(9th Cir. 1980), and where the petitioner is a person of such limited education as to be incapable of
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presenting his claims in such a way that the court can afford him a fair hearing, Hawkins v. Bennet,
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423 F.2d 948 (8th Cir. 1970). In the instant case, the petition submitted in this action includes
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several claims, the contents of which suggest that it may be a relatively complex action. In the
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interests of justice, the court grants counsel to represent petitioner in this action.
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Therefore, the Federal Public Defender for the District of Nevada (FPD) shall be appointed to
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represent petitioner. If the FPD is unable to represent petitioner, due to a conflict of interest or other
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reason, then alternate counsel for petitioner shall be located, and the court will enter a separate order
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appointing such alternate counsel. In either case, counsel will represent petitioner in all future
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federal proceedings relating to this matter (including subsequent actions) and appeals therefrom,
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unless allowed to withdraw.
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IT IS THEREFORE ORDERED that the Office of the Federal Public Defender is
appointed to represent petitioner.
IT IS FURTHER ORDERED that the clerk of court SHALL ELECTRONICALLY
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SERVE the Federal Public Defender for the District of Nevada (FPD) a copy of this order, together
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with a copy of the petition for writ of habeas corpus and its attachments. (ECF No. 1). The FPD
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shall have thirty (30) days from the date of entry of this order to undertake direct representation of
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petitioner or to indicate to the court its inability to represent petitioner in these proceedings.
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IT IS FURTHER ORDERED that the clerk of court SHALL SEND a copy of this order to
the CJA coordinator.
IT IS FURTHER ORDERED that, after counsel has appeared for petitioner in this case, the
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court will issue a scheduling order, which will, among other things, set a deadline for the filing of a
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an amended petition.
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IT IS ORDERED, so that the respondents may be electronically served with the amended
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petition and any exhibits filed through counsel, that the clerk of court shall serve respondents with a
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copy of this order by certified mail to the Office of the Attorney General, Criminal Division, 100
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North Carson St., Carson City, NV 89701-4717. Respondents’ counsel shall enter a notice of
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appearance herein within twenty (20) days of entry of this order, but no further response shall be
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required from respondents until further order of this court.
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February 1, 2013.
Dated this ______ day of January, 2013.
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UNITED STATES DISTRICT JUDGE
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