Stringer v. Baker et al

Filing 5

ORDER - Clerk shall FILE and ELECTRONICALLY SERVE the petition and motion for counsel (Dockets # 1 -1 and # 1 -2) upon the Rs.( E-served 5/17/2012. ) FURTHER ORD that the motion for counsel is DENIED. FURTHER ORD Rs' answer to petition due by 7 /1/2012. FURTHER ORD henceforth P shall serve AG w copy of every document submitted together with a certificate of service. FURTHER ORD any state court exhibits shall be filed as specified herein. Signed by Judge Edward C. Reed, Jr on 5/16/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MICHAEL S. STRINGER,

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Petitioner,

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vs.

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RENE BAKER,

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Respondent.

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3:12-cv-00207-ECR-VPC
ORDER

This is an action on a petition for a writ of habeas corpus. Petitioner has paid the filing
fee for this action. (Docket #4). The petition shall now be filed and served on respondents.

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A petition for federal habeas corpus should include all claims for relief of which

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petitioner is aware. If petitioner fails to include such a claim in his petition, he may be forever barred

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from seeking federal habeas relief upon that claim. See 28 U.S.C. §2254(b) (successive petitions). If

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petitioner is aware of any claim not included in his petition, he should notify the Court of that as soon

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as possible, perhaps by means of a motion to amend his petition to add the claim.

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Petitioner also moves for appointment of counsel. There is no constitutional right to

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appointed counsel for a federal habeas corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555

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(1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The decision to appoint counsel is

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generally discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), cert. denied, 481 U.S.

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1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984).

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However, counsel must be appointed if the complexities of the case are such that denial of counsel

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would amount to a denial of due process, and where the petitioner is a person of such limited education

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as to be incapable of fairly presenting his claims. See Chaney, 801 F.2d at 1196; see also Hawkins v.

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Bennett, 423 F.2d 948 (8th Cir. 1970). The petition raises a single claim in this case which is not

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especially complex. Also, the Court notes from the petition that petitioner has submitted to the Court,

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that he is able to present matters to the Court in an organized and understandable manner. Petitioner’s

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motion shall be denied.

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IT

IS

THEREFORE

ORDERED

that

the

Clerk

shall

FILE

and

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ELECTRONICALLY SERVE the petition and motion for counsel (Dockets #1-1 and #1-2) upon the

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respondents.

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

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

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entry of this order within which to answer, or otherwise respond to, the petition. In their answer or other

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response, respondents shall address any claims presented by petitioner in his petition as well as any

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claims presented by petitioner in any Statement of Additional Claims. Respondents shall raise all

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potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and

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procedural default. Successive motions to dismiss will not be entertained. If an answer is filed,

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respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the

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United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have forty-

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five (45) days from the date of service of the answer to file a reply.

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IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the Attorney

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General of the State of Nevada a copy of every pleading, motion, or other document he submits for

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consideration by the Court. Petitioner shall include with the original paper submitted for filing a

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certificate stating the date that a true and correct copy of the document was mailed to the Attorney

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General. The Court may disregard any paper that does not include a certificate of service. After

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respondents appear in this action, petitioner shall make such service upon the particular Deputy Attorney

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General assigned to the case.

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IT FURTHER IS ORDERED that any state court record exhibits filed by respondents

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herein shall be filed with a separate index of exhibits identifying the exhibits by number or letter. The

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CM/ECF attachments that are filed shall further be identified by the number or numbers (or letter or

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letters) of the exhibits in the attachment. The hard copy of any additional state court record exhibits

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shall be forwarded – for this case – to the staff attorneys in Reno.

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Dated this 16th day of May, 2012.

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___________________________________
UNITED STATES DISTRICT JUDGE

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