Summary
This scheduling order from the United States District Court for the District of Nevada appoints the Federal Public Defender, through Martin L. Novillo, to represent Dennis Mulford in federal habeas proceedings. It sets deadlines for filing an amended petition, responses, replies, motions to dismiss, and the submission and indexing of state-court records and exhibits.
Topics
Practice areas
Questions Presented
- Whether counsel should be appointed for the petitioner under 18 U.S.C. § 3006A(a)(2)(B).
- What schedule and filing procedures should govern the amended habeas petition and the respondents' response.
- How respondents must raise procedural defenses, including exhaustion, to the counseled amended petition.
Holdings
- The Federal Public Defender, through Martin L. Novillo, is appointed to represent Mulford under 18 U.S.C. § 3006A(a)(2)(B) in all federal proceedings related to the matter, including appeals and certiorari proceedings, unless permitted to withdraw.
- Procedural defenses to the counseled amended petition, including exhaustion, must be raised together in a single consolidated motion to dismiss rather than through multiple successive motions or in an answer, subject to the limited treatment of plainly meritless unexhausted claims under 28 U.S.C. § 2254(b)(2). Procedural defenses omitted from that motion may be subject to waiver.
Key quotations
“All procedural defenses, including exhaustion, must be raised by motion to dismiss.” (at 2-3)
Factual background
The petitioner is pursuing federal habeas relief and requested appointment of counsel. After the Federal Public Defender entered an appearance, the court appointed counsel to represent Mulford in all federal proceedings related to the matter. The order also addressed the timing and manner for filing an amended petition, responding to it, asserting procedural defenses, and submitting state-court records.
Procedural history
The court granted Mulford's motion for appointment of counsel on October 29, 2025, and directed the Federal Public Defender to undertake representation or state that it could not do so. The Federal Public Defender filed a notice of appearance on December 1, 2025. The court then appointed the Federal Public Defender and established deadlines for an amended petition, the respondents' response, and the petitioner's reply.