Gonzalas v. Williams et al

Filing 7

ORDER. IT IS ORDERED that the Clerk shall file and ELECTRONICALLY SERVE the petition 1 -1 on the respondents. IT IS FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Nevada Attorney General, as counsel for respondents. IT IS FURTHER ORD ERED that 2 petitioner's motion for appointment of counsel is GRANTED. IT IS FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE the FPD with a copy of this order, together with a copy of the petition for writ of habeas corpus 1 -1. Signed by Judge Richard F. Boulware, II on 2/6/2018. (Copies have been distributed pursuant to the NEF -cc: FPD - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LUIS GONZALAS,

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Case No. 2:17-cv-01653-RFB-GWF

Petitioner,

ORDER

v.
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BRIAN WILLIMAS, et al.,
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Respondents.
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Petitioner Luis Gonzalas has submitted a petition for a writ of habeas corpus and

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has now paid the filing fee (see ECF No. 5). The court has reviewed the petition

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pursuant to Habeas Rule 4, and it shall be docketed and served on respondents.

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A petition for federal habeas corpus should include all claims for relief of which
petitioner is aware. If petitioner fails to include such a claim in his petition, he may be

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forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C. §
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2254(b) (successive petitions). If petitioner is aware of any claim not included in his

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petition, he should notify the court of that as soon as possible, perhaps by means of a

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motion to amend his petition to add the claim.

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Petitioner has also filed a motion for appointment of counsel (ECF No. 2). There
is no constitutional right to appointed counsel for a federal habeas corpus proceeding.
Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428

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(9th Cir.1993). The decision to appoint counsel is generally discretionary. Chaney v.

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Lewis, 801 F.2d 1191, 1196 (9th Cir.1986), cert. denied, 481 U.S. 1023 (1987); Bashor

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

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counsel must be appointed if the complexities of the case are such that denial of
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counsel would amount to a denial of due process, and where the petitioner is a person

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of such limited education as to be incapable of fairly presenting his claims. See

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Chaney, 801 F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th Cir.1970).

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Here, Gonzalas is serving a term of life with the possibility of parole after twenty years;

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additionally, he raises numerous claims in his petition, some of which may involve more
complex legal issues. Therefore, Gonzalas’ motion for counsel is granted.

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IT IS THEREFORE ORDERED that the Clerk shall file and ELECTRONICALLY
SERVE the petition (ECF No. 1-1) on the respondents.
IT IS FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Nevada
Attorney General, as counsel for respondents.
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel
(ECF No. 2) is GRANTED.
IT IS FURTHER ORDERED that the Federal Public Defender for the District of

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Nevada (FPD) is appointed to represent petitioner.
IT IS FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE the

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FPD with a copy of this order, together with a copy of the petition for writ of habeas

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corpus (ECF No. 1-1). The FPD shall have thirty (30) days from the date of entry of this

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order to file a notice of appearance or to indicate to the court its inability to represent

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petitioner in these proceedings.

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IT IS FURTHER ORDERED that after counsel has appeared for petitioner in this
case, the court will issue a scheduling order, which will, among other things, set a
deadline for the filing of an amended petition.

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DATED: February 6, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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