Guerrero v. Williams et al

Filing 5

ORDER that the clerk DETACH and FILE the petition (ECF #1-1.) FURTHER ORDERED that 2 Motion for Appointment of Counsel is GRANTED. The Federal Public Defender for the District of Nevada is appointed to represent petitioner. FURTHER ORDERED that the clerk shall ELECTRONICALLY SERVE the FPD a copy of this order, together with a copy of the petition for writ of habeas corpus. The FPD shall have 30 days from the date of entry of this order to file a notice of appearance or to indicate tot he court its inability to represent petitioner in these proceedings. Signed by Judge James C. Mahan on 4/1/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PABLO RAMON GUERRERO,

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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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2:13-CV-00328-JCM-CWH
ORDER

Petitioner Pablo Ramon Guerrero has submitted a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254 (ECF #1-1) and has now paid the filing fee (see ECF #4).

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Petitioner has filed a motion for appointment of counsel (ECF #2). There is no

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constitutional right to appointed counsel for a federal habeas corpus proceeding. Pennsylvania v. Finley,

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481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The decision to appoint

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counsel is generally discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), cert. denied,

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481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838

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(1984). However, counsel must be appointed if the complexities of the case are such that denial of

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counsel would amount to a denial of due process, and where the petitioner is a person of such limited

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education as to be incapable of fairly presenting his claims. See Chaney, 801 F.2d at 1196; see also

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Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970). Here, it appears that the claims are somewhat

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complex. Additionally, petitioner is serving two consecutive sentences of 15 years to life in prison.

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Accordingly, petitioner’s motion for appointment of counsel is granted.

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IT IS THEREFORE ORDERED that the clerk DETACH and FILE the petition (ECF
#1-1.)
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (ECF
#2) is GRANTED.
IT IS FURTHER ORDERED that the federal public defender for the District of Nevada
(“FPD”) is appointed to represent petitioner.

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IT IS FURTHER ORDERED that the clerk shall ELECTRONICALLY SERVE the

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FPD a copy of this order, together with a copy of the petition for writ of habeas corpus (ECF #1-1). The

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FPD shall have thirty (30) days from the date of entry of this order to file a notice of appearance or to

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indicate to the court its inability to represent petitioner in these proceedings.

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IT IS FURTHER ORDERED that, after counsel has appeared for petitioner in this case,

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the court will issue a scheduling order, which will, among other things, set a deadline for the filing of

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a first amended petition.

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Dated this ______ day of March, 2013.
April 1, 2013.

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___________________________________
UNITED STATES DISTRICT JUDGE

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