Dulcero v. Neven et al

Filing 5

ORDER Denying Petitioner's 2 Motion to Appoint Counsel. The Clerk shall file and electronically serve the Petition upon the Respondents. Respondents have 45 days to answer or otherwise respond to the petition. If an answer is filed Petit ioner shall have 45 days from the date of service of the answer to file a reply. The hard copy of all state court record exhibits shall be forwarded to the staff attorneys in the Reno Division of the Clerk of Court. Signed by Judge Jennifer A. Dorsey on 10/16/2014. (Copies have been distributed pursuant to the NEF - Respondents electroncially served Order and Petition - SLD)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MELVIN DOSDOS DULCERO,
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Petitioner,

Case No. 2:14-cv-01259-JAD-VCF

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vs.

ORDER

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D.W. NEVEN, et al.,
Respondents.

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This is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a

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Nevada state prisoner. Petitioner has paid the filing fee for this action. The petition shall now be

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filed and served on respondents.

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Petitioner has filed a motion for the appointment of counsel. (Doc. 2). Pursuant to 18

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U.S.C. § 3006(a)(2)(B), the district court has discretion to appoint counsel when it determines that

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the “interests of justice” require representation. There is no constitutional right to appointed counsel

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for a federal habeas corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v.

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Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The decision to appoint counsel is generally

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discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), cert. denied, 481 U.S. 1023

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(1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984). The

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petition on file in this action is well-written and sufficiently clear in presenting the issues that

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petitioner wishes to bring. The issues in this case are not complex. Counsel is not justified in this

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instance. The motion for the appointment of counsel is denied.

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IT IS THEREFORE ORDERED that petitioner’s motion for the appointment of counsel
(Doc. 2) is DENIED.

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IT IS FURTHER ORDERED that the Clerk shall FILE and ELECTRONICALLY
SERVE the petition upon the respondents.
IT IS FURTHER ORDERED that respondents have 45 days to answer or otherwise

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respond to the petition. In their answer or other response, respondents shall address all claims

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presented in the petition. Respondents shall raise all potential affirmative defenses in the initial

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responsive pleading, including lack of exhaustion and procedural default. Successive motions to

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dismiss will not be entertained. If an answer is filed, respondents shall comply with the

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requirements of Rule 5 of the Rules Governing Proceedings in the United States District Courts

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under 28 U.S.C. §2254. If an answer is filed, petitioner shall have 45 days from the date of service

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of the answer to file a reply.

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IT IS FURTHER ORDERED that any state court record exhibits filed by respondents shall

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be filed with a separate index of exhibits identifying the exhibits by number or letter. The hard copy

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of all state court record exhibits shall be forwarded, for this case, to the staff attorneys in the Reno

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Division of the Clerk of Court. The hard copy of all exhibits submitted to the Court shall be tabbed

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and shall be bound along the top edge of the pages.

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IT IS FURTHER ORDERED that, from this point forward, petitioner shall serve upon the

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Attorney General of the State of Nevada a copy of every pleading, motion, or other document he

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submits for consideration by the Court. Petitioner shall include with the original paper submitted

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for filing a certificate stating the date that a true and correct copy of the document was mailed to the

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Attorney General. The Court may disregard any paper that does not include a certificate of service.

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After respondents appear in this action, petitioner shall make such service upon the particular

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Deputy Attorney General assigned to the case.

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Dated this 16th day of October, 2014.

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Jennifer A. Dorsey
fer A. Dorsey
r
United States District Judge
d States D
te
te District Judge
d

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