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). Pet itioner'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).

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Case 2:21-cv-02055-GMN-DJA Document 7 Filed 11/17/21 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 RAUL GONZALES, Case No. 2:21-cv-02055-GMN-DJA Petitioner, ORDER v. 8 CALVIN JOHNSON, et al., 9 Respondents. 10 11 12 This action is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. 13 § 2254, by Raul Gonzales, an individual incarcerated at High Desert State Prison, in 14 Indian Springs, Nevada. On November 15, 2021, the Court received from Gonzales, for 15 filing, a pro se Petition for Writ of Habeas Corpus (ECF No. 1-1), a Motion for 16 Appointment of Counsel (ECF Nos. 1-3, 1-4), and an Application to Proceed in Forma 17 Pauperis (ECF No. 1). 18 Gonzales’s in forma pauperis application is moot because Gonzales paid the 19 filing fee (ECF No. 1-2). The Court will deny the Application to Proceed in Forma 20 Pauperis. 21 Prisoners applying for habeas corpus relief are not entitled to appointed counsel 22 unless the circumstances indicate that appointed counsel is necessary to prevent due 23 process violations. Chaney v. Gonzales, 801 F.2d 1191, 1196 (9th Cir. 1986) (citing 24 Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam). The court may, 25 however, appoint counsel at any stage of the proceedings if the interests of justice so 26 require. See 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases; 27 Chaney, 801 F.2d at 1196. Gonzales’s filings indicate that he will not be able to litigate 28 this action pro se. The Court finds that appointment of counsel is in the interests of 1 Case 2:21-cv-02055-GMN-DJA Document 7 Filed 11/17/21 Page 2 of 3 1 justice. The Court will grant Gonzales’s Motion for Appointment of Counsel (ECF Nos. 2 1-3, 1-4). The Court has examined Gonzales’s habeas petition, pursuant to Rule 4 of the 3 4 Rules Governing Section 2254 Cases in the United States District Courts and 5 determines that it merits service upon the respondents. The Court will order the petition 6 served upon the respondents, and will direct the respondents to appear, but will not 7 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 8 9 10 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 11 12 (ECF No. 1) is DENIED. IT IS FURTHER ORDERED that Petitioner’s Motion for Appointment of Counsel 13 14 (ECF Nos. 1-3, 1-4 (also ECF Nos. 3, 4)) is GRANTED. The Federal Public Defender 15 for the District of Nevada (FPD) is appointed to represent the petitioner. If the FPD is 16 unable to represent the petitioner, because of a conflict of interest or for any other 17 reason, alternate counsel will be appointed. In either case, counsel will represent the 18 petitioner in all federal court proceedings relating to this matter, unless allowed to 19 withdraw. 20 IT IS FURTHER ORDERED that the Clerk of the Court is directed to 21 electronically serve upon the FPD a copy of this order, together with a copy of the 22 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 23 24 order to file a notice of appearance or to indicate to the Court its inability to represent 25 the petitioner in this case. 26 /// 27 /// 28 /// 2 Case 2:21-cv-02055-GMN-DJA Document 7 Filed 11/17/21 Page 3 of 3 1 IT IS FURTHER ORDERED that the Clerk of the Court is directed to add Aaron 2 Ford, Attorney General of the State of Nevada, as counsel for Respondents and to 3 provide Respondents an electronic copy of all items previously filed in this case by 4 regenerating the Notice of Electronic Filing to the office of the Attorney General only. 5 IT IS FURTHER ORDERED that the respondents will have 30 days from the date 6 of this order to appear in this action. Respondents will not be required to respond to the 7 habeas petition at this time. 8 9 November 17 DATED THIS ___ day of ______________________, 2021. 10 11 12 GLORIA M. NAVARRO, UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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