Oflaherty v. Neven et al
ORDER. IT IS ORDERED that the clerk shall FILE and ELECTRONICALLY SERVE the petition upon the respondents. The clerk of court SHALL ADD attorney general Adam Paul Laxalt to the CM/ECF docket sheet as counsel for respondents. IT IS FURTHER ORDER ED that respondents shall have forty-five (45) days from the entry of this order within which to answer, or otherwise respond to, the petition. IT IS FURTHER ORDERED that 2 petitioner's motion for the appointment of counsel is DENIED. IT IS FURTHER ORDERED that 3 petitioner's motion to compel production of medical records is DENIED.See Order for further details. Signed by Judge James C. Mahan on 2/28/17. (Copies have been distributed pursuant to the NEF - MR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:16-cv-01985-JCM-NJK
WARDEN NEVEN, et al.,
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. Petitioner has paid the filing fee for this action. (ECF No. 6).
The petition shall now be filed and served on respondents, as set forth at the conclusion of this
Petitioner has filed a motion seeking the appointment of counsel. (ECF No. 2). Pursuant
to 18 U.S.C. § 3006A(2)(B), the district court has discretion to appoint counsel when it determines
that the “interests of justice” require representation in a habeas corpus case. Petitioner has no
constitutional right to appointed counsel in a federal habeas corpus proceeding. Pennsylvania v.
Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The
decision to appoint counsel is within the Court’s discretion. Chaney v. Lewis, 801 F.2d 1191, 1196
(9th Cir. 1986), cert. denied, 481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th
Cir.), cert. denied, 469 U.S. 838 (1984). The petition on file in this action is sufficiently clear in
presenting the issues that petitioner wishes to bring. The issues in this case are not complex. The
appointment of counsel is not justified in this instance. The motion is denied.
filed a motion to compel the production of medical records. (ECF No. 3). In habeas corpus actions,
discovery is regulated by Rule 6 of the Rules Governing Section 2254 Cases.
Rule 6 provides that discovery in habeas corpus actions may be invoked only after
obtaining leave of court and upon a showing of good cause. Rule 6(a) states: “A judge may, for
good cause, authorize a party to conduct discovery under the Federal Rules of Civil Procedure and
may limit the extent of discovery.” This habeas action is in its early stages and petitioner has not
shown good cause. Petitioner’s motion is denied, without prejudice to raising the issue later in
this case, if good cause exists.
IT IS THEREFORE ORDERED that the clerk shall FILE and ELECTRONICALLY
SERVE the petition upon the respondents. The clerk of court SHALL ADD attorney general
Adam Paul Laxalt to the CM/ECF docket sheet as counsel for respondents.
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the
entry of this order within which to answer, or otherwise respond to, the petition. In their answer
or other response, respondents shall address all claims presented in the petition. Respondents shall
raise all potential affirmative defenses in the initial responsive pleading, including lack of
exhaustion and procedural default. Successive motions to dismiss will not be entertained. If an
answer is filed, respondents shall comply with the requirements of Rule 5 of the Rules Governing
Proceedings in the United States District Courts under 28 U.S.C. §2254. If an answer is filed,
petitioner shall have forty-five (45) days from the date of service of the answer to file a reply.
IT IS FURTHER ORDERED that any state court record exhibits filed by respondents
shall be filed with a separate index of exhibits identifying the exhibits by number or letter. The
hard copy of all state court record exhibits shall be forwarded, for this case, to the staff attorneys
in the Reno division of the clerk of court.
IT IS FURTHER ORDERED that petitioner’s motion for the appointment of counsel
(ECF No. 2) is DENIED.
IT IS FURTHER ORDERED that petitioner’s motion to compel production of medical
records (ECF No. 3) is DENIED.
Dated this 28th day of February, 2017.
JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE
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