Jasso v. Le Grand et al

Filing 5

ORDERED that the clerk of the court shall file the petition for WHC and the motion for appointment of counsel. FURTHER ORD that the motion for appointment of counsel is DENIED. FURTHER ORD that the clerk shall add Catherine Cortez Masto, AG for the State of Nevada, as counsel for Rs. FURTHER ORD that the clerk shall electronically serve upon Rs a copy of the petition. ( E-service on 1/27/2012. ) In addition, the clerk shall return to P a copy of the petition. ( Mailed to P 1/27/2012. ) FURTHER ORD that Rs' answer/response due by 3/12/2012. If answer is filed then P's reply due 45 days from the date on which the answer is served. FURTHER ORD henceforth P shall serve Rs or Rs' counsel a copy of every document submitted for consideration, together with a certificate of service. Signed by Judge Larry R. Hicks on 1/26/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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REYNALDO T. JASSO,

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Petitioner,

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vs.

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Case No. 3:11-CV-00827-LRH-(VPC)

LE GRAND, et al.,

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ORDER

Respondents.

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Petitioner has paid the filing fee (#4). The court has reviewed his petition pursuant to Rule 4

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of the Rules Governing Section 2254 Cases in the United States District Courts, and the court will

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serve the petition upon respondents for a response.

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Petitioner has submitted a motion for appointment of counsel. Whenever the Court

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determines that the interests of justice so require, counsel may be appointed to any financially

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eligible person who is seeking habeas corpus relief. 18 U.S.C. § 3006A(a)(2)(B). “[T]he district

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court must evaluate the likelihood of success on the merits as well as the ability of the petitioner to

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articulate his claims pro se in light of the complexity of the legal issues involved.” Weygandt v.

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Look, 718 F.2d 952 (9th Cir. 1983). There is no constitutional right to counsel in federal habeas

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proceedings. McCleskey v. Zant, 499 U.S. 467, 495 (1991). The factors to consider are not

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separate from the underlying claims, but are intrinsically enmeshed with them. Weygandt, 718 F.2d

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at 954. After reviewing the petition, the court concludes that appointment of counsel is not

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warranted.

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IT IS THEREFORE ORDERED that the clerk of the court shall file the petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254 and the motion for appointment of counsel.

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IT IS FURTHER ORDERED that the motion for appointment of counsel is DENIED.

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IT IS FURTHER ORDERED that the clerk shall add Catherine Cortez Masto, Attorney

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General for the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the clerk shall electronically serve upon respondents a
copy of the petition. In addition, the clerk shall return to petitioner a copy of the petition.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from the date

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on which the petition was served to answer or otherwise respond to the petition. If respondents file

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and serve an answer, then they shall comply with Rule 5 of the Rules Governing Section 2254 Cases

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in the United States District Courts, and then petitioner shall have forty-five (45) days from the date

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on which the answer is served to file a reply.

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IT IS FURTHER ORDERED that henceforth, petitioner shall serve upon respondents or, if

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appearance has been entered by counsel, upon the attorney(s), a copy of every pleading, motion or

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other document submitted for consideration by the court. Petitioner shall include with the original

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paper submitted for filing a certificate stating the date that a true and correct copy of the document

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was mailed to the respondents or counsel for the respondents. The court may disregard any paper

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received by a district judge or magistrate judge that has not been filed with the clerk, and any paper

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received by a district judge, magistrate judge, or the clerk that fails to include a certificate of service.

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DATED this 26th day of January, 2012.

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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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