Minor v. Williams et al

Filing 3

ORDER Granting 1 Motion/Application for Leave to Proceed in forma pauperis and Granting 2 Motion to Appoint Counsel.The Federal Public Defender is appointed to represent petitioner.IT IS FURTHER ORDERED that the Clerk of Court SHALL add Neva da Attorney GeneralAdam Paul Laxalt to the CM/ECF docket sheet. The Clerk of Court shall FILE the petition. See Order for further details. Signed by Judge Richard F. Boulware, II on 9/13/2016. (Copies have been distributed pursuant to the NEF - cc: CJA Coordinator- DL) Modified on 9/14/2016 to add text - (DL).

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PHILIP MINOR,
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Petitioner,

Case No. 2:15-cv-02005-RFB-PAL

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vs.

ORDER

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BRIAN WILLIAMS, 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 forma

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pauperis should be granted.

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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 the

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

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right to appointed counsel in a federal habeas corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551,

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

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within the Court’s discretion. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), cert. denied, 481

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U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984).

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However, counsel must be appointed if the complexities of the case are such that denial of counsel

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would amount to a denial of due process. See Chaney, 801 F.2d at 1196; see also Hawkins v. Bennett,

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423 F.2d 948 (8th Cir. 1970).

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The federal habeas petition submitted in this action includes many claims, the contents of which

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suggest that it may be a relatively complex action. In the underlying state criminal case, petitioner was

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convicted of first degree murder and was sentenced to imprisonment for life without the possibility of

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parole. The Court grants petitioner’s motion for the appointment of counsel.

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Therefore, the Federal Public Defender for the District of Nevada (FPD) shall be appointed to

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represent petitioner. If the FPD is unable to represent petitioner, due to a conflict of interest or other

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reason, then alternate counsel for petitioner shall be located, and the Court will enter a separate order

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appointing such alternate counsel. In either case, counsel will represent petitioner in all future federal

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proceedings relating to this matter (including subsequent actions) and appeals therefrom, unless allowed

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to withdraw.

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IT IS THEREFORE ORDERED that petitioner’s motion to proceed in forma pauperis (ECF
No. 1) is GRANTED. The Clerk of Court shall FILE the petition.
IT IS FURTHER ORDERED that petitioner’s motion for the appointment of counsel (ECF
No. 2) is GRANTED. The Federal Public Defender is appointed to represent petitioner.

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IT IS FURTHER ORDERED that the Clerk of Court SHALL ELECTRONICALLY

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SERVE the Federal Public Defender for the District of Nevada (FPD) with a copy of this order,

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together with a copy of the petition for writ of habeas corpus.

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IT IS FURTHER ORDERED that, within thirty (30) days from the date of entry of this order,

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the FPD shall undertake direct representation of petitioner by filing a notice of appearance or indicate

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to the Court its inability to represent petitioner in these proceedings.

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IT IS FURTHER ORDERED that the Clerk of Court SHALL add Nevada Attorney General

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Adam Paul Laxalt to the CM/ECF docket sheet and SHALL ELECTRONICALLY SERVE the

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respondents with a copy of this order. Respondents= counsel SHALL ENTER a notice of appearance

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herein within ten (10) days of entry of this order. Respondents need take no action on the petition until

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this Court enters a further scheduling order.
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IT IS FURTHER ORDERED that the Clerk of Court SHALL SEND a copy of this order to
the CJA Coordinator.

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

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

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amended petition.

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Dated this 13th day of September, 2016.
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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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