Hearring v. Williams Sr et al
Filing
5
ORDER that the clerk of the court shall file the petition for a writ of habeas corpus. The clerk shall add Adam Paul Laxalt, Attorney General for the State of Nevada, as counsel for respondents. Respondents have 45 days from the date on which the p etition was served to answer or otherwise respond to the petition. The hard copy of any additional state court record exhibits shall be forwarded for this case to the staff attorneys in Las Vegas. Petitioner's 2 Ex Parte Motion for Appointment of Counsel is Denied. Signed by Chief Judge Gloria M. Navarro on 10/17/2016. (Copies have been distributed pursuant to the NEF - Order and Petition electronically served upon Respondents; Order and Petition mailed to Petitioner - SLD)
1
2
3
4
5
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
6
7
8
9
FRANK HEARRING,
10
Petitioner,
11
vs.
12
Case No. 2:16-cv-01639-GMN-GWF
BRIAN WILLIAMS, SR., et al.,
13
ORDER
Respondents.
14
15
Petitioner has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
16
The court has reviewed the petition under Rule 4 of the Rules Governing Section 2254 Cases in the
17
United States District Courts. The court will serve the petition upon respondents for a response.
18
Petitioner has filed an ex parte motion for appointment of counsel (ECF No. 2). Whenever
19
the court determines that the interests of justice so require, counsel may be appointed to any
20
financially eligible person who is seeking habeas corpus relief. 18 U.S.C. § 3006A(a)(2)(B).
21
“[T]he district court must evaluate the likelihood of success on the merits as well as the ability of
22
the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved.”
23
Weygandt v. Look, 718 F.2d 952 (9th Cir. 1983). There is no constitutional right to counsel in
24
federal habeas proceedings. McCleskey v. Zant, 499 U.S. 467, 495 (1991). The factors to consider
25
are not separate from the underlying claims, but are intrinsically enmeshed with them. Weygandt,
26
718 F.2d at 954. After reviewing the petition, the court finds that appointment of counsel is not
27
warranted.
28
1
2
3
4
5
IT IS THEREFORE ORDERED that the clerk of the court shall file the petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
IT IS FURTHER ORDERED that the clerk shall add Adam Paul Laxalt, Attorney General
for the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a
6
copy of the petition and this order. In addition, the clerk shall return to petitioner a copy of the
7
petition.
8
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date
9
on which the petition was served to answer or otherwise respond to the petition. Respondents shall
10
raise all potential affirmative defenses in the initial responsive pleading, including untimeliness,
11
lack of exhaustion, and procedural default. Successive motions to dismiss will not be entertained.
12
If respondents file and serve an answer, then they shall comply with Rule 5 of the Rules Governing
13
Section 2254 Cases in the United States District Courts, and then petitioner shall have forty-five
14
(45) days from the date on which the answer is served to file a reply. If respondents file a motion,
15
then the briefing schedule of Local Rule LR 7-2 shall apply.
16
IT IS FURTHER ORDERED that any exhibits filed by the parties shall be filed with a
17
separate index of exhibits identifying the exhibits by number or letter. The CM/ECF attachments
18
that are filed further shall be identified by the number or numbers (or letter or letters) of the exhibits
19
in the attachment. The hard copy of any additional state court record exhibits shall be
20
forwarded—for this case—to the staff attorneys in Las Vegas.
21
IT IS FURTHER ORDERED that henceforth, petitioner shall serve upon respondents or, if
22
appearance has been entered by counsel, upon the attorney(s), a copy of every pleading, motion or
23
other document submitted for consideration by the court. Petitioner shall include with the original
24
paper submitted for filing a certificate stating the date that a true and correct copy of the document
25
was mailed to the respondents or counsel for the respondents. The court may disregard any paper
26
received by a district judge or magistrate judge that has not been filed with the clerk, and any paper
27
received by a district judge, magistrate judge, or the clerk that fails to include a certificate of service.
28
-2-
1
2
3
IT IS FURTHER ORDERED that the ex parte motion for appointment of counsel (ECF No.
2) is DENIED.
DATED: October 17, 2016
4
5
_________________________________
Gloria M. Navarro, Chief Judge
United States District Court
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?