Cepero v. Williams et al

Filing 4

ORDER that petitioner shall file an application for leave to proceed in forma pauperis accompanied by a signed financial certificate and a statement of his inmate account. In the alternative, petitioner shall make the necessary arrangements to pa y the filing fee of $5.00. Petitioner shall have 30 days from the date that this order is entered to comply. Petitioner's 2 Motion to open/refile new habeas petition is Denied as moot and Petitioner's 3 Motion to Appoint Counsel is Denied as moot. Signed by Judge Richard F. Boulware, II on 9/26/2016. (Copies have been distributed pursuant to the NEF - IFP instructions/form mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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BILLY CEPERO,

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Petitioner,

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Case No. 2:16-cv-00204-RFB-NJK
ORDER

vs.

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BRIAN WILLIAMS, et al.,

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Respondents.

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Petitioner, who is in the custody of the Nevada Department of Corrections, has submitted a

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petition for a writ of habeas corpus. He did not submit an application to proceed in forma pauperis,

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nor did he pay the filing fee of five dollars ($5.00).

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Petitioner also has filed a motion to open/refile new habeas petition (ECF No. 2). The court

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had dismissed an earlier action, Case No. 2:13-cv-01395-GMN-PAL, without prejudice to filing a

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new action. To the extent that petitioner is seeking permission to file a new action, none is needed,

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and the motion is moot.

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Petitioner has filed a motion for appointment of counsel (ECF No. 3). Whenever the court

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determines that the interests of justice so require, counsel may be appointed to any financially

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eligible person who is seeking habeas corpus relief. 18 U.S.C. § 3006A(a)(2)(B). “[T]he district

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court must evaluate the likelihood of success on the merits as well as the ability of the petitioner to

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articulate his claims pro se in light of the complexity of the legal issues involved.” Weygandt v.

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Look, 718 F.2d 952 (9th Cir. 1983). There is no constitutional right to counsel in federal habeas

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proceedings. McCleskey v. Zant, 499 U.S. 467, 495 (1991). The factors to consider are not

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separate from the underlying claims, but are intrinsically enmeshed with them. Weygandt, 718 F.2d

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at 954. After reviewing the petition, the court determines that appointment of counsel is not

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warranted.

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IT IS THEREFORE ORDERED petitioner shall file an application for leave to proceed in

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forma pauperis, accompanied by a signed financial certificate and a statement of his inmate account.

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The clerk of the court shall send petitioner a blank application form for incarcerated litigants. In the

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alternative, petitioner shall make the necessary arrangements to pay the filing fee of five dollars

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($5.00), accompanied by a copy of this order. Petitioner shall have thirty (30) days from the date

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that this order is entered to comply. Failure to comply will result in the dismissal of this action.

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IT IS FURTHER ORDERED that petitioner’s motion to open/refile new habeas petition
(ECF No. 2) is DENIED as moot.
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (ECF
No. 3) is DENIED as moot.
DATED: September 26, 2016.

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__________________________
RICHARD F. BOULWARE, II
United States District Judge

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