Jefferson v. Williams et al

Filing 3

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is GRANTED; that 2 Motion to Appoint Counsel is DENIED. The Clerk shall file and electronically serve the Petition upon the respondents. The respondents shall have 45 days from entry of this order within which to answer/respond. Signed by Chief Judge Gloria M. Navarro on 4/30/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ANDREW JEFFERSON,
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Petitioner,

Case No. 2:14-cv-01901-GMN-VCF

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vs.

ORDER

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BRIAN E. WILLIAMS, SR., et al.,
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Respondents.
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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254
by a Nevada state prisoner.

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Petitioner has filed a motion to proceed in forma pauperis. (ECF No. 1). Based on the

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information regarding petitioner's financial status, the Court finds that the motion to proceed in

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forma pauperis should be granted. The Court has reviewed the habeas petition, and it shall be

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served on respondents. Respondents shall file a response to the petition, as set forth at the

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conclusion of this order.

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Petitioner has filed a motion for the appointment of counsel. (ECF No. 2). Pursuant to 18

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

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the “interests of justice” require representation in a habeas corpus case. Petitioner has no

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constitutional right to appointed counsel in a federal habeas corpus proceeding. Pennsylvania v.

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

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decision to appoint counsel is within the Court’s discretion. Chaney v. Lewis, 801 F.2d 1191, 1196

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(9th Cir. 1986), cert. denied, 481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th

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Cir.), cert. denied, 469 U.S. 838 (1984). The petition on file in this action is sufficiently clear in

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presenting the issues that petitioner wishes to bring. The issues in this case are not complex.

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Counsel is not justified in this instance.

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IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (ECF

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No. 1) is GRANTED.
IT IS FURTHER ORDERED that petitioner’s motion for the appointment of counsel (ECF
No. 2) is DENIED.
IT IS FURTHER ORDERED that the Clerk shall FILE and ELECTRONICALLY
SERVE the petition (ECF No. 1-1) upon the respondents.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from entry

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of this order within which to answer, or otherwise respond to, the petition. In their answer or other

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response, respondents shall address all claims presented in the petition. Respondents shall raise all

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potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and

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procedural default. Successive motions to dismiss will not be entertained. If an answer is filed,

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respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in

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the United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have

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forty-five (45) days from the date of service 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.

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IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the Attorney

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

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

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

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

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

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Attorney General assigned to the case.

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DATED this 30th day of April, 2015.

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Gloria M. Navarro, Chief Judge
United States District Court
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