Harris v. Baker et al

Filing 5

ORDER directing Clerk to file the 1 -1 petition and 1 -2 motion for appointment of counsel; granting the motion for appointment of counsel and appointing the FPD to represent petitioner; directing Clerk to e-serve the FPD a copy of this order and the petition (NEFs sent 1/9/2015). FPD to enter notice of appearance within 30 days. Signed by Judge Robert C. Jones on 1/9/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CONOR JAMES HARRIS,
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Petitioner,

Case No. 3:14-cv-00516-RCJ-WGC

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vs.

ORDER

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RENEE BAKER, et al.,
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Respondents.
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Petitioner Conor James Harris has submitted a petition for a writ of habeas corpus pursuant to
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28 U.S.C. § 2254 (ECF #1-1) and has now paid the filing fee (see ECF #4).
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Petitioner has also submitted a motion for appointment of counsel (ECF #1-22). 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 decision
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to appoint counsel is generally discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986),
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cert. denied, 481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469
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U.S. 838 (1984). However, counsel must be appointed if the complexities of the case are such that
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denial of counsel would amount to a denial of due process, and where the petitioner is a person of such
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limited education as to be incapable of fairly presenting his claims. See Chaney, 801 F.2d at 1196; see
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also Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970). Here, it appears that the claims may be

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somewhat complex. Additionally, petitioner is serving two consecutive life sentences without the

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possibility of parole. Accordingly, petitioner’s motion for appointment of counsel is granted.

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IT IS THEREFORE ORDERED that the Clerk DETACH and FILE the petition (ECF #1-1).

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IT IS FURTHER ORDERED that the Clerk DETACH and FILE petitioner’s motion for

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appointment of counsel (ECF #1-2).
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (ECF #1-2)
is GRANTED.
IT IS FURTHER ORDERED that the Federal Public Defender for the District of Nevada
(“FPD”) is appointed to represent petitioner.

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IT IS FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE the FPD

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a copy of this order, together with a copy of the petition for writ of habeas corpus (ECF #1-1). The FPD

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shall have thirty (30) days from the date of entry of this order to file a notice of appearance or to indicate

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to the court its inability to represent petitioner in these proceedings.

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IT IS FURTHER ORDERED that, after counsel has appeared for petitioner in this case, the

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court will issue a scheduling order, which will, among other things, set a deadline for the filing of a first

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amended petition.

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Dated this ______ day of January, 2015.
Dated this 9th day of January, 2015.

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___________________________________

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UNITED STATES DISTRICT JUDGE

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