Denson v. Neven et al
ORDER. IT IS THEREFORE ORDERED that 30 petitioner's motion for appointment of counsel is DENIED. IT IS FURTHER ORDERED that respondents shall have 60 days from the date of entry of this order to answer or otherwise respond to the amended pet ition for writ of habeas corpus 29 . IT IS FURTHER ORDERED that if respondents file an answer, petitioner shall have 60 days to file a reply. Signed by Judge Andrew P. Gordon on 5/31/17. (Copies have been distributed pursuant to the NEF - ADR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DWIGHT NEVEN, et al.,
In this habeas corpus action, brought pro se by Nevada prisoner Richard Denson, Denson
filed an amended petition for writ of habeas corpus on May 25, 2017 (ECF No. 29). The Court will
now set a schedule for respondents to respond to the amended habeas petition, and for further
proceedings in this action.
On May 25, 2017, Denson filed a motion for appointment of counsel (ECF No. 30). The
court will deny Denson’s motion for appointment of counsel. “Indigent state prisoners applying for
habeas corpus relief are not entitled to appointed counsel unless the circumstances of a particular
case indicate that appointed counsel is necessary to prevent due process violations.” Chaney v.
Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) (citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir.
1970) (per curiam). The Court may, however, appoint counsel at any stage of the proceedings “if
the interests of justice so require.” See 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing §
2254 Cases; Chaney, 801 F.2d at 1196. The Court has reviewed Denson’s amended habeas petition,
and the other documents he has filed in this case, and determines that appointment of counsel is not
IT IS THEREFORE ORDERED that petitioner’s motion for appointment of counsel
(ECF No. 30) is DENIED.
IT IS FURTHER ORDERED that respondents shall have 60 days from the date of entry
of this order to answer or otherwise respond to the amended petition for writ of habeas corpus
(ECF No. 29).
IT IS FURTHER ORDERED that if respondents file an answer, petitioner shall have 60
days to file a reply. If respondents file a motion to dismiss, petitioner shall have 60 days to file a
response to the motion to dismiss, and respondents shall, thereafter, have 30 days to file a reply in
support of the motion.
Dated: May 31, 2017.
UNITED STATES DISTRICT JUDGE
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