Ramet v. LeGrande et al

Filing 3

ORDER - # 1 IFP application is granted. Clerk shall file the petition. # 1 -2 Motion for counsel is granted. FPD appointed as counsel for P. Clerk shall e-serve FPD this order with a copy of petition and its attachments. ( E-service 12/8/2014. ) F PD shall undertake representation by 1/7/2015, or indicate inability to do so. Clerk shall send copy to CJA Coordinator. ( NEF service 12/8/2014. ) Signed by Judge Miranda M. Du on 12/8/2014. (Copies have been distributed pursuant to the NEF - DRM) Modified on 12/8/2014 to reflect copy of Order mailed to P at LCC (DRM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DANIEL A. RAMET,

Case No. 3:14-cv-00452-MMD-VPC

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Petitioner,

ORDER

v.
ROBERT LeGRANDE, et al.,
Respondents.

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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.

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Petitioner’s application to proceed in forma pauperis establishes that the

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petitioner qualifies for in forma pauperis status. He shall be granted leave to proceed in

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forma pauperis, and shall not be required to pay the filing fee for his habeas corpus

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petition. The petition will be ordered filed.

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Petitioner has filed a motion for the appointment of counsel. (Dkt. no. 1-1.)

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Pursuant to 18 U.S.C. § 3006(a)(2)(B), the district court has discretion to appoint

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counsel when it determines that the “interests of justice” require representation. The

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

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1196 (9th Cir. 1986), cert. denied, 481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d

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1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984). However, counsel must be

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appointed if the complexities of the case are such that denial of counsel would amount

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

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education as to be incapable of fairly presenting his claims. See Chaney, 801 F.2d at

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1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970). The petition submitted

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in this action includes many claims, the contents of which suggest that it may be a

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relatively complex petition. Petitioner is serving a sentence of life without the possibility

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of parole for first degree murder. In the interests of justice, the Court grants petitioner’s

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motion for the appointment of counsel.

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Therefore, the Federal Public Defender for the District of Nevada (FPD) shall be

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appointed to represent petitioner. If the FPD is unable to represent petitioner, due to a

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conflict of interest or other reason, then alternate counsel for petitioner shall be located,

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and the Court will enter a separate order appointing such alternate counsel. In either

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case, counsel will represent petitioner in all future federal proceedings relating to this

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matter and appeals therefrom, unless allowed to withdraw.

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It is therefore ordered that petitioner’s application to proceed in forma pauperis

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(dkt. no. 1) is granted. Petitioner shall not be required to pay a filing fee to file his

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habeas corpus petition. The habeas corpus petition shall be filed by the Clerk of Court.
It is further ordered that petitioner’s motion for the appointment of counsel (dkt.

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no. 1-2) is granted. The Federal Public Defender is appointed to represent petitioner.

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It is further ordered that the Clerk of Court shall electronically serve the Federal

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Public Defender for the District of Nevada (FPD) a copy of this order, together with a

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copy of the petition for writ of habeas corpus and its attachments. The FPD shall have

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thirty (30) days from the date of entry of this order to undertake direct representation of

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petitioner or to indicate to the Court its inability to represent petitioner in these

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proceedings.

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It is further ordered that the Clerk of Court shall send a copy of this order to the

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CJA Coordinator.

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It is further ordered that, after counsel has appeared for petitioner in this case,

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the Court will issue a scheduling order, which will, among other things, set a deadline

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for the filing of a first amended petition.

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DATED THIS 8th day of December 2014.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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