Lavoll v. Howell et al

Filing 12

ORDER granting 11 Motion for Appointment of Counsel; The FPD is appointed to represent the petitioner. The Clerk shall electronically serve the FPD a copy of this order with a copy of the 5 Petition for Writ of Habeas Corpus. The FPD has 30 da ys to file a notice of appearance or indicate to the court its inability to represent petitioner. The previous briefing schedule set forth in ECF 9 is VACATED. Signed by Judge Gloria M. Navarro on 6/30/2020. (Copies have been distributed pursuant to the NEF; order and petition emailed to FPD - DRS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TERRANCE L. LAVOLL,

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***
Case No. 2:19-cv-02249-GMN-EJY
Petitioner, ORDER

v.
JERRY HOWELL, et al.,

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Respondents.

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28 U.S.C. § 2254 pro se habeas corpus petitioner Terrance L. Lavoll has filed a
motion for appointment of counsel (ECF No. 11). The motion is granted.
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 (9th Cir.1993). The decision to appoint counsel is generally

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discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.1986), cert. denied, 481

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U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469

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U.S. 838 (1984). However, counsel must be appointed if the complexities of the case

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are such that denial of counsel would amount to a denial of due process, and where the

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petitioner is a person of such limited education as to be incapable of fairly presenting his

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

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Cir.1970). Here, it is unclear whether Lavoll has complex claims. Further, he is serving

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lengthy sentences. In order to ensure due process, the court grants Lavoll’s motion for

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counsel.

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IT IS THEREFORE ORDERED that petitioner’s motion for appointment of
counsel (ECF No. 11) 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 electronically serve the FPD a copy of

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this order, together with a copy of the petition for writ of habeas corpus (ECF No. 5).

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The FPD has 30 days from the date of entry of this order to file a notice of appearance

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or to indicate to the court its inability to represent petitioner in these proceedings.

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IT IS FURTHER ORDERED that the briefing schedule set forth in ECF No. 9 is
VACATED.

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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: 30 June 2020.

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GLORIA M. NAVARRO
UNITED STATES DISTRICT JUDGE

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