Wilcock v. Gentry et al
ORDER the Clerk of Court is directed to DETACH and FILE Wilcock's petition [ECF No. 1-1] and ELECTRONICALLY SERVE it on the respondents. The Clerk of Court is also directed to ADD Adam Paul Laxalt, Nevada Attorney General, as counsel for respon dents.FURTHER ORDERED that 2 Motion for Appointment of Counsel is GRANTED. The Federal Public Defender (FPD) for the District of Nevada is appointed to represent Wilcock. The FPD has until January 5, 2018, to file a notice of appearance or to indi cate to the court its inability to represent Wilcock in these proceedings. FURTHER ORDERED that 3 Motion for Leave to File Excess Pages is GRANTED. Signed by Judge Jennifer A. Dorsey on 12/7/2017. (Copies have been distributed pursuant to the NEF - MMM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Patrick Edward Wilcock,
Order Screening Petition and Granting
Motion for Appointment of Counsel
Jo Gentry, et al.,
[ECF Nos. 1-1, 2, 3]
Pro se petitioner Patrick Wilcock is serving a 44-years-to-life sentence after he was
convicted of first-degree murder, burglary with a deadly weapon, robbery, possession of stolen
property, and two deadly weapon enhancements.1 Now he petitions for a writ of habeas corpus,
arguing that his due-process, equal-protection, fair-trial, and effective-assistance-of-counsel
rights were violated during his trial.2 He has paid the filing fee, I have screened his petition, and
the petition will be docketed and served on respondents. If Wilock failed to include a claim for
relief in his petition, then he may be forever barred from seeking federal habeas relief on that
Wilcock also moves for appointment of counsel.4 There is no constitutional right to
appointed counsel for a federal habeas corpus proceeding.5 The decision to appoint counsel is
ECF No. 1-1 at 2; NEVADA DEP’T OF CORRECTIONS, https://doc.nv.gov/Inmates/Home/ (last
visited Dec. 6, 2017) (inmate search by name Patrick Wilcock or by offender ID 1099336).
ECF No. 1-1.
See 28 U.S.C. § 2254(b) (2012) (successive petitions).
ECF No. 2.
Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th
generally discretionary.6 But counsel must be appointed if the claims are so complex and the
petitioner is so uneducated that denying counsel would amount to a denial of due process.7
Wilcock is serving a 44-years-to-life sentence, and some of the legal issues that he wishes to
raise may be complex, so I grant his motion.
Accordingly, the Clerk of Court is directed to DETACH and FILE Wilock’s petition
[ECF No. 1-1] and ELECTRONICALLY SERVE it on the respondents. The Clerk of Court
is also directed to ADD Adam Paul Laxalt, Nevada Attorney General, as counsel for
IT IS FURTHER ORDERED that Wilcock’s motion for appointment of counsel [ECF
No. 2] is GRANTED. The Federal Public Defender (FPD) for the District of Nevada is
appointed to represent Wilcock.
The Clerk of Court is directed to ELECTRONICALLY SERVE the FPD a copy of
this order, together with a copy of the petition for a writ of habeas corpus [ECF No. 1-1]. The
FPD has until January 5, 2018, to file a notice of appearance or to indicate to the court its
inability to represent Wilcock in these proceedings.
After counsel for Wilcock has appeared, the court will issue a scheduling order that will,
among other things, set a deadline for the filing of an amended petition.
IT IS FURTHER ORDERED that Wilcock’s motion for leave to file excess pages [ECF
No. 3] is GRANTED.
DATED: December 7, 2017.
U.S. District Judge Jennifer A. Dorsey
District Judge Jennifer
is t d
Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Bashor v. Risley, 730 F.2d 1228, 1234
(9th Cir. 1984).
See Chaney, 801 F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970).
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