Torrez-Mejia v. Howell et al

Filing 8

ORDER granting Petitioner's [ECF No. 2] Motion for Appointment of Counsel. FURTHER ORDERED that the Clerk shall file and ELECTRONICALLY SERVE the petition (ECF No. 1-1) on the respondents.FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Nevada Attorney General, as counsel for respondents.FURTHER ORDERED that the Federal Public Defender for the District of Nevada (FPD) is appointed to represent petitioner.FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE the F PD a copy of this order, together with a copy of the petition for writ of habeas corpus (ECF No. 1-1). The FPD shall have thirty (30) days from the date of entry of this order to file a notice of appearance or to indicate to the court its inability to represent petitioner in these proceedings.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. Signed by Judge Richard F. Boulware, II on 6/23/2018.(Copies have been distributed pursuant to the NEF - BEL)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VICTOR TORREZ-MEJIA,

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Case No. 2:18-cv-00681-RFB-VCF

Petitioner,

ORDER

v.
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JERRY HOWELL, et al.,
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Respondents.
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Before the court is petitioner Victor Torrez-Mejia’s first-amended § 2254 habeas

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corpus petition (ECF No. 7). The court has reviewed the petition pursuant to Habeas

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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
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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.

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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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See 28 U.S.C.

motion to amend his petition to add the claim.
Petitioner has also filed a motion for appointment of counsel (ECF No. 2). There

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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 counsel

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would amount to a denial of due process, and where the petitioner is a person of such

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limited education as to be incapable of fairly presenting his claims. See Chaney, 801

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F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th Cir.1970). Here, Torrez5
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Mejia’s first-amended petition reflects that another inmate assisted him in writing the

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petition, and in his motion for counsel, Torrez-Mejia asserts that he cannot read or write

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in English. In order to ensure due process, Torrez-Mejia’s motion for counsel shall be

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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.

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IT IS FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Nevada

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Attorney General, as counsel for respondents.
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel

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(ECF No. 2) is GRANTED.

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IT IS FURTHER ORDERED that the Federal Public Defender for the District of
Nevada (FPD) is appointed to represent petitioner.

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IT IS FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE the

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

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

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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 this 23rd day of June, 2018.

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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