Guardado v. Nevada Attorney General, et al

Filing 38

ORDER granting 36 motion to reopen case; denying 37 motion to appoint counsel. The clerk shall reopen the file. Petitioner shall have 30 days to file and serve an amended petition (due by 12/21/2013). Copies of all exhibits shall be sent to the staff attorneys in Reno. Signed by Judge Larry R. Hicks on 11/21/2013. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MANUEL STEVEN GUARDADO,

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Petitioner,
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vs.
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NEVADA ATTORNEY GENERAL, et al., )
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Respondents.
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____________________________________/

3:10-cv-00103-LRH-WGC
ORDER

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254,
by a Nevada state prisoner.
This action was dismissed without prejudice, and the case closed administratively, pursuant

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to an order entered December 27, 2011. (ECF No. 35). The dismissal resulted from petitioner’s

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election to return to state court to exhaust his state-court remedies with respect to certain of his

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grounds for relief. Petitioner’s further state-court proceedings have apparently concluded, and

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petitioner has now returned to this Court seeking to reopen this case. (ECF No. 36). Petitioner

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advises he is ready to file an amended petition and supplemental exhibits. The Court will grant

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petitioner’s motion to reopen this case.

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Petitioner has also requested the appointment of counsel. (ECF No. 37). There is no

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constitutional right to appointed counsel for a federal habeas corpus proceeding. Pennsylvania v.

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Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The

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decision to appoint counsel is generally discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th

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Cir. 1986), cert. denied, 481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.),

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cert. denied, 469 U.S. 838 (1984). This Court denied petitioner’s prior motion for the appointment

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of counsel. (ECF No. 8). Petitioner has presented nothing that would persuade this Court to alter its

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prior decision denying the appointment of counsel.

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IT IS THEREFORE ORDERED that petitioner’s motion to reopen this action (ECF No.
36) is GRANTED.

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IT IS FURTHER ORDERED that the Clerk shall REOPEN THE FILE.

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IT IS FURTHER ORDERED that petitioner shall have thirty (30) days from the date of

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entry of this order to file and serve an amended petition, and if necessary, supplemental exhibits.

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IT IS FURTHER ORDERED that respondents shall have thirty (30) days following

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service of the amended petition to file and serve an answer or other response to the amended petition.

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IT IS FURTHER ORDERED that petitioner shall have thirty (30) days following service
of the answer to file and serve a reply brief.
IT IS FURTHER ORDERED that petitioner’s motion for the appointment of counsel (ECF
No. 37) is DENIED.

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IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of all

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exhibits presented in support of the amended petition and the response to the amended petition to the

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Reno Division of this Court. Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia

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St., Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the outside of the mailing

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address label.

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Dated this 21st day of November, 2013.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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