Gonzales v. Johnson

Filing 7

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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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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