Gonzales v. Johnson
Filing
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ORDER denying #1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk of the Court shall separately file the Petition for Writ of Habeas Corpus (ECF No. 1-1), and the Motion for Appointment of Counsel (ECF Nos. 1-3, 1-4). Petitioner's Motion for Appointment of Counsel (ECF Nos. 1-3, 1-4 (also ECF Nos. 3, 4)) is GRANTED. Signed by Judge Gloria M. Navarro on 11/17/2021. (Copies have been distributed pursuant to the NEF - cc to FDP - HAM) Modified text on 11/17/2021 (SLD).
Case 2:21-cv-02055-GMN-DJA Document 7 Filed 11/17/21 Page 1 of 3
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RAUL GONZALES,
Case No. 2:21-cv-02055-GMN-DJA
Petitioner,
ORDER
v.
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CALVIN JOHNSON, et al.,
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Respondents.
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This action is a petition for a writ of habeas corpus, pursuant to 28 U.S.C.
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§ 2254, by Raul Gonzales, an individual incarcerated at High Desert State Prison, in
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Indian Springs, Nevada. On November 15, 2021, the Court received from Gonzales, for
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filing, a pro se Petition for Writ of Habeas Corpus (ECF No. 1-1), a Motion for
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Appointment of Counsel (ECF Nos. 1-3, 1-4), and an Application to Proceed in Forma
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Pauperis (ECF No. 1).
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Gonzales’s in forma pauperis application is moot because Gonzales paid the
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filing fee (ECF No. 1-2). The Court will deny the Application to Proceed in Forma
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Pauperis.
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Prisoners applying for habeas corpus relief are not entitled to appointed counsel
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unless the circumstances indicate that appointed counsel is necessary to prevent due
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process violations. Chaney v. Gonzales, 801 F.2d 1191, 1196 (9th Cir. 1986) (citing
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Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam). The court may,
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however, appoint counsel at any stage of the proceedings if the interests of justice so
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require. See 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases;
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Chaney, 801 F.2d at 1196. Gonzales’s filings indicate that he will not be able to litigate
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this action pro se. The Court finds that appointment of counsel is in the interests of
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Case 2:21-cv-02055-GMN-DJA Document 7 Filed 11/17/21 Page 2 of 3
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justice. The Court will grant Gonzales’s Motion for Appointment of Counsel (ECF Nos.
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1-3, 1-4).
The Court has examined Gonzales’s habeas petition, pursuant to Rule 4 of the
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Rules Governing Section 2254 Cases in the United States District Courts and
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determines that it merits service upon the respondents. The Court will order the petition
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served upon the respondents, and will direct the respondents to appear, but will not
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require any further action on the part of the respondents at this time.
IT IS THEREFORE ORDERED that the Clerk of the Court shall separately file
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the Petition for Writ of Habeas Corpus (ECF No. 1-1), and the Motion for Appointment of
Counsel (ECF Nos. 1-3, 1-4).
IT IS FURTHER ORDERED that the Application to Proceed in Forma Pauperis
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(ECF No. 1) is DENIED.
IT IS FURTHER ORDERED that Petitioner’s Motion for Appointment of Counsel
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(ECF Nos. 1-3, 1-4 (also ECF Nos. 3, 4)) is GRANTED. The Federal Public Defender
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for the District of Nevada (FPD) is appointed to represent the petitioner. If the FPD is
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unable to represent the petitioner, because of a conflict of interest or for any other
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reason, alternate counsel will be appointed. In either case, counsel will represent the
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petitioner in all federal court proceedings relating to this matter, unless allowed to
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withdraw.
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IT IS FURTHER ORDERED that the Clerk of the Court is directed to
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electronically serve upon the FPD a copy of this order, together with a copy of the
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Petition for Writ of Habeas Corpus (ECF No. 1-1).
IT IS FURTHER ORDERED that the FPD will have 30 days from the date 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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the petitioner in this case.
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///
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Case 2:21-cv-02055-GMN-DJA Document 7 Filed 11/17/21 Page 3 of 3
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IT IS FURTHER ORDERED that the Clerk of the Court is directed to add Aaron
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Ford, Attorney General of the State of Nevada, as counsel for Respondents and to
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provide Respondents an electronic copy of all items previously filed in this case by
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regenerating the Notice of Electronic Filing to the office of the Attorney General only.
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IT IS FURTHER ORDERED that the respondents will have 30 days from the date
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of this order to appear in this action. Respondents will not be required to respond to the
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habeas petition at this time.
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November
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DATED THIS ___ day of ______________________, 2021.
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GLORIA M. NAVARRO,
UNITED STATES DISTRICT JUDGE
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