Dixon v. Baker et al

Filing 4

ORDER Motion/Application for Leave to Proceed in forma pauperis 1 is DENIED AS MOOT. Clerk shall file and electronically serve petition 1 -1 on respondents. Respondents shall have 45 days to answer or otherwise respond. Motion for appoi ntment of counsel 1 -2 is DENIED. Hard copy of all state court record exhibits shall be forwarded to Reno staff attorneys. Henceforth, petitioner shall serve copy of every pleading on AG. Signed by Chief Judge Robert C. Jones on 7/9/13. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 TERRY D. DIXON, 9 10 11 12 13 ) ) Petitioner, ) ) vs. ) ) RENEE BAKER, et al., ) ) Respondents. ) ____________________________________/ 3:13-cv-00248-RCJ-WGC ORDER 14 This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, 15 by a Nevada state prisoner. 16 Petitioner has filed an in forma pauperis application with his petition. (ECF No. 1). On May 17 15, 2013, petitioner paid the filing fee for this action. (ECF No. 3). Because petitioner has paid the 18 filing fee in this action, the motion to proceed in forma pauperis is denied as moot. 19 Petitioner has filed a motion for the appointment of counsel. (ECF No. 1-2). There is no 20 constitutional right to appointed counsel for a federal habeas corpus proceeding. Pennsylvania v. 21 Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The 22 decision to appoint counsel is generally discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th 23 Cir. 1986), cert. denied, 481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), 24 cert. denied, 469 U.S. 838 (1984). The petition on file in this action is well-written and sufficiently 25 26 1 clear in presenting the issues that petitioner wishes to bring. The issues in this case are not complex. 2 It does not appear that counsel is justified in this instance. The motion shall be denied. 3 The petition shall now be filed and served on respondents. A petition for federal habeas 4 corpus should include all claims for relief of which petitioner is aware. If petitioner fails to include 5 such a claim in his petition, he may be forever barred from seeking federal habeas relief upon that 6 claim. See 28 U.S.C. §2254(b) (successive petitions). 7 8 9 10 11 IT IS THEREFORE ORDERED that petitioner’s in forma pauperis application (ECF No. 1) is DENIED AS MOOT. IT IS FURTHER ORDERED that the clerk shall FILE and ELECTRONICALLY SERVE the petition (ECF No. 1-1) upon the respondents. IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from entry of 12 this order within which to answer, or otherwise respond to, the petition. In their answer or other 13 response, respondents shall address all claims presented in the petition. Respondents shall raise all 14 potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and 15 procedural default. Successive motions to dismiss will not be entertained. If an answer is filed, 16 respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the 17 United States District Courts under 28 U.S.C. §2254. If an answer is filed, petitioner shall have 18 forty-five (45) days from the date of service of the answer to file a reply. 19 20 IT IS FURTHER ORDERED that petitioner’s motion for the appointment of counsel (ECF No. 1-2) is DENIED. 21 IT IS FURTHER ORDERED that any state court record exhibits filed by respondents shall 22 be filed with a separate index of exhibits identifying the exhibits by number or letter. The hard copy 23 of all state court record exhibits shall be forwarded, for this case, to the staff attorneys in the Reno 24 Division of the clerk of court. 25 26 2 1 IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the Attorney 2 General of the State of Nevada a copy of every pleading, motion, or other document he submits for 3 consideration by the court. Petitioner shall include with the original paper submitted for filing a 4 certificate stating the date that a true and correct copy of the document was mailed to the Attorney 5 General. The court may disregard any paper that does not include a certificate of service. After 6 respondents appear in this action, petitioner shall make such service upon the particular Deputy 7 Attorney General assigned to the case. 8 Dated thisthis ______ day of2013. 2013. Dated 9th day of July, June, 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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