Romero-Manzo v. Garrett
| Cesar E. Romero-Manzo |
| Timothy Garrett and The Attorney General of the State of Nevada |
| 3:2022cv00475 |
| October 26, 2022 |
| US District Court for the District of Nevada |
| Carla Baldwin |
| Anne R Traum |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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Filing 11
ORDER granting ECF No. #10 Motion for Appointment of Counsel. It is further ordered that the clerk shall electronically serve the FederalPublic Defender a copy of this order, the screening order (ECF No. #9 ), and theAmended Petition (ECF No. #6 ) (Attached hereto for e-service). The Federal Public Defender is provisionally appointed as counsel and will have 30 days to (1) undertake direct representation of Romero-Manzo by filing a notice of appearance or (2) indicate the office's inability to represent Romero-Manzo in these proceedings. It is further ordered that the clerk is directed to send a copy of this order to Romero-Manzo and the CJA Coordinator for this division. Signed by District Judge Anne R. Traum on 12/9/2022. (Attachments: #1 Screening Order ECF No. #9 , #2 Amended Petition ECF No. #6 )(Copies have been distributed pursuant to the NEF; R Valladares added for P to receive NEF; Ad Hoc NEF to CJA Coordinator - CJS)
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| Filing 10 MOTION for Appointment of Counsel by Petitioner Cesar E. Romero-Manzo. (HKL) |
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Filing 9
ORDER - The application to proceed in forma pauperis (ECF No. #4 ) is denied as moot. The clerk shall add Aaron Ford, Attorney General of the State of Nevada, as counsel for respondents, electronically serve respondents' counsel a copy of the Amended Petition (ECF No. #6 ) and electronically provide respondents' counsel a copy of this order and copies of all other items previously filed in this case by regenerating the Notices of Electronic Filing. Respondents' counsel must enter a notice of appearance within 21 days of entry of this order (by 12/17/2022), but no further response will be required until further order. Romero-Manzo file a motion for the appointment of counsel within 30 days if he desires that counsel be appointed to represent him (by 1/5/2023). If Romero-Manzo does not file a motion for the appointment of counsel within 30 days, the court will not appoint counsel for Romero-Manzo and will issue a scheduling order on the Amended Petition. Signed by District Judge Anne R. Traum on 12/6/2022. (Copies have been distributed pursuant to the NEF - HKL)
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| Filing 8 RECEIPT of Payment: $ 5.00, receipt number 2-1553. (HKL) |
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Filing 7
ORDER - Within 45 days of the date of this order, Petitioner must file (a) a financial certificate signed by Petitioner and an authorized prison official and (b) a copy of Petitioner's inmate account statement for the six-month period prior to filing. Alternatively, Petitioner may pay the $5 filing fee within 45 days (by 1/16/2023). The Clerk of Court shall send Petitioner two copies of this order and one blank copy of the IFP application form for inmates along with instructions (attached hereto for distribution to Petitioner by LCC law library). The initial screening of Petitioner's Amended Petition for Writ of Habeas Corpus (ECF No. #6 ) under the Rules Governing Section 2254 Cases is deferred to until such time as he has fully complied with this order. Signed by District Judge Anne R. Traum on 12/2/2022. (Attachments: #1 Second Copy of Order, #2 IFP Form/Instructions) (Copies have been distributed pursuant to the NEF - HKL)
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| Filing 6 AMENDED PETITION for Writ of Habeas Corpus by Cesar E. Romero-Manzo. Adds new parties. (HKL) |
| Filing 5 Appendix Volume 1 by Petitioner Cesar E. Romero-Manzo. (HKL) |
| Filing 4 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Petitioner Cesar E. Romero-Manzo. (HKL) |
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Filing 3
ORDER - It is therefore ordered that within 45 days of the date of this order, Petitioner must file an IFP application as detailed herein (12/12/2022). Alternatively, Petitioner must pay the $5 filing fee within 45 days. It is further ordered that Petitioner must file an amended petition on the 2254 form within 45 days of the date of this order. Petitioner must label it Amended Petition and place the case number, 3:22-cv-00475-ART-CLB, in the designated space (12/12/2022). It is further ordered that Petitioners failure to timely comply with this Order will result in the dismissal of this action without prejudice and without further advance notice. It is further ordered that the Clerk of Court will send Petitioner two blank copies of the form petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 along with instructions, two copies of this order, and a copy of the petition [ECF No. #1 -1]. (ALL forms with instructions and extra copy of this Order attached hereto for distribution to P via Lovelock Law Library.) Signed by District Judge Anne R. Traum on 10/28/2022. (Attachments: #1 2254 Form with Instructions, #2 2254 Form with Instructions - 2nd copy, #3 Petition ECF No #1 -1, #4 IFP for inmate form with instructions, #5 Extra Copy of Order)(Copies have been distributed pursuant to the NEF - CJS)
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| Filing 2 NOTICE from USDC advising case against Garrett, et al., has been received and assigned case number 3:22-cv-00475-ART-CLB. (DRM) |
| Filing 1 RECEIPT of Initiating Documents by Court on behalf of Petitioner. No Application to Proceed IFP or Filing Fee received. (Attachments: #1 Petition for WHC 2241, #2 Financial Certificate) (DRM) |
| Case randomly assigned to District Judge Anne R. Traum and Magistrate Judge Carla Baldwin. (DRM) |
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