Adkins v. Neven et al
Filing
4
ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that 2 Motion to Appoint Counsel is DENIED. Clerk of Court shall file and electronically serve petition upon respondents. Respondents have 45 days to answer petition. If answer filed, petitioner has 45 days to file a reply. Signed by Judge James C. Mahan on 4/17/2014. (Copies have been distributed pursuant to the NEF - EDS)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10
FREDERICK W. ADKINS,
11
12
13
14
15
)
)
Petitioner,
)
)
vs.
)
)
DWIGHT NEVEN, et al.,
)
)
Respondents.
)
____________________________________/
2:13-cv-02170-JCM-PAL
ORDER
16
This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,
17
by a Nevada state prisoner.
18
Petitioner has filed a motion to proceed in forma pauperis. (ECF No. 1). Based on the
19
information regarding petitioner's financial status, the court finds that the motion to proceed in forma
20
pauperis should be granted.
21
Petitioner has filed a motion for the appointment of counsel. (ECF No. 2). Pursuant to 18
22
U.S.C. § 3006(a)(2)(B), the district court has discretion to appoint counsel when it determines that
23
the “interests of justice” require representation. There is no constitutional right to appointed counsel
24
for a federal habeas corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v.
25
Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The decision to appoint counsel is generally
26
1
discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), cert. denied, 481 U.S. 1023
2
(1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984). Counsel
3
may be appointed if the complexities of the case are such that denial of counsel would amount to a
4
denial of due process, and where the petitioner is a person of such limited education as to be
5
incapable of fairly presenting his claims. See Chaney, 801 F.2d at 1196; see also Hawkins v.
6
Bennett, 423 F.2d 948 (8th Cir. 1970). The petition on file in this action is well-written and
7
sufficiently clear in presenting the issues that petitioner wishes to bring. The issues in this case are
8
not complex. It does not appear that counsel is justified in this instance. The motion shall be denied.
9
10
11
12
13
14
15
IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (ECF
No. 1) is GRANTED.
IT IS THEREFORE ORDERED that petitioner’s motion for the appointment of counsel
(ECF No. 2) is DENIED.
IT IS THEREFORE ORDERED that the clerk shall FILE and ELECTRONICALLY
SERVE the petition (ECF No. 1-1) upon the respondents.
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from entry of
16
this order within which to answer, or otherwise respond to, the petition. In their answer or other
17
response, respondents shall address all claims presented in the petition. Respondents shall raise all
18
potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and
19
procedural default. Successive motions to dismiss will not be entertained. If an answer is filed,
20
respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the
21
United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have
22
forty-five (45) days from the date of service of the answer to file a reply.
23
IT IS FURTHER ORDERED that any state court record exhibits filed by respondents shall
24
be filed with a separate index of exhibits identifying the exhibits by number or letter. The hard copy
25
26
2
1
of all state court record exhibits shall be forwarded, for this case, to the staff attorneys in the Reno
2
division of the clerk of court.
3
IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the attorney
4
general of the state of Nevada a copy of every pleading, motion, or other document he submits for
5
consideration by the court. Petitioner shall include with the original paper submitted for filing a
6
certificate stating the date that a true and correct copy of the document was mailed to the attorney
7
general. The court may disregard any paper that does not include a certificate of service. After
8
respondents appear in this action, petitioner shall make such service upon the particular deputy
9
attorney general assigned to the case.
10
Dated April 17, 2014. of April, 2014.
this ______ day
11
12
UNITED STATES DISTRICT JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?