BROWN v. DZURENDA (2019)

ORDER ADMINISTRATIVELY CLOSING DOCKET NO. 77349 AND TRANSFERRING DOCUMENTS, AND REGARDING PRO BONO COUNSEL

Both these appeals are from the district court's October 5, 2018, findings of fact and conclusions of law granting summary judgment in favor of respondents on appellant's claims. In the interests of judicial efficiency, we direct the clerk of this court to administratively close Docket No. 77349, and transfer to Docket No. 77013 all documents filed in Docket No. 77349; the appeal shall proceed through Docket No. 77013.

Having considered the documents transmitted by the district court and appellant's informal opening brief, this court has determined that the appointment of pro bono counsel to represent appellant would assist this court in reviewing this appeal. By this order, the court expresses no opinion as to the merits of this appeal.

Pro bono counsel is an attorney who provides legal services without charge for the benefit of the public good. The appointment of pro bono counsel provides attorneys with an opportunity to volunteer legal services in furtherance of their professional responsibility and, at the same time, allows financially eligible litigants access to quality legal representation without cost. Counsel will be appointed for purposes of this appeal only and will participate in oral argument. Currently, the Pro Bono Committee of the Appellate Litigation Section of the State Bar of Nevada (Pro Bono Committee), in conjunction with the Legal Aid Center of Southern Nevada, has developed a pro bono appellate program to assist the public and this court. This case is hereby referred to the program established by the Pro Bono Committee to evaluate whether appellant can benefit from the program.

Accordingly, we direct the clerk of this court to transmit a copy of this order and the attached case summary to the Legal Aid Center of Southern Nevada for financial eligibility screening. If appellant qualifies and does not object to pro bono counsel, the Legal Aid Center in cooperation with the Pro Bono Committee shall locate a volunteer attorney from the program to represent appellant. Once an attorney is located, the attorney shall file a notice of appearance in this court within 60 days from the date of this order. Briefing and oral argument will be scheduled thereafter. Alternatively, if appellant is not financially eligible or objects to pro bono representation, or if a volunteer attorney cannot be located, the Legal Aid Center of Southern Nevada shall notify this court in writing within 60 days from the date of this order. In such case, oral argument will not be held. The briefing schedule in this appeal shall be suspended pending further order of this court.

It is so ORDERED.¹

FOOTNOTES

1.   Appellant has filed a transcript request form pursuant to NRAP 9(b). We decline to order the preparation of the requested transcripts at this time. See NRAP 9(b)(1)(C).