Godoy v. LeGrand et al

Filing 5

ORDER - Clerk shall file the petition # 1 -1, 1 -2. Clerk shall file the Motion to add supplemental grounds # 1 -5. P's # 1 -5 Motion to add supplemental grounds is granted. Amended petition due by 2/11/2015. Clerk shall file Motion for counsel # 1 -6. P's Motion for counsel is denied. Signed by Judge Miranda M. Du on 1/12/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ADOLFO GODOY,

Case No. 3:14-cv-00524-MMD-WGC

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Petitioner,

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ORDER

v.
ROBERT LEGRAND, et al.,
Respondents.

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Adolfo Godoy, a Nevada prisoner, has submitted a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254 (dkt. nos. 1-1, 1-2) and has now paid the filing fee.

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Petitioner has also submitted a motion for leave to add supplemental grounds

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(dkt. no. 1-5). As the Court typically advises petitioners, a petition for federal habeas

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corpus should include all claims for relief of which petitioner is aware. If petitioner fails to

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include such a claim in his petition, he may be forever barred from seeking federal

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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

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that as soon as possible, perhaps by means of a motion to amend his petition to add the

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claim.

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As such, petitioner’s motion is granted. Petitioner is directed to file an amended

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petition concisely stating each and every ground for relief and briefly summarizing the

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facts supporting each ground.

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Also before the Court is petitioner’s motion for the appointment of counsel (dkt.

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no. 1-6). There is no constitutional right to appointed counsel for a federal habeas

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corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v.

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

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

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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

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are such that denial of counsel would amount to a denial of due process, and where the

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petitioner is a person of such limited education as to be incapable of fairly presenting his

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claims. See Chaney, 801 F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th

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Cir.1970). The petition on file in this action appears sufficiently clear in presenting the

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issues that petitioner wishes to raise, and the legal issues do not appear to be

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particularly complex; therefore, counsel is not justified. Petitioner’s motion is denied.

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It is therefore ordered that the Clerk shall file the petition (dkt. nos. 1-1, 1-2).

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It is further ordered that the Clerk shall file the motion for leave to add

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supplemental grounds (dkt. no. 1-5).

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It is further ordered that petitioner’s motion for leave to add supplemental

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grounds (dkt. no. 1-5) is granted. Within thirty (30) days of the date of this order,

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petitioner shall file an amended petition, setting forth each and every ground for relief.

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It is further ordered that the Clerk shall file petitioner’s motion for appointment of
counsel (dkt. no. 1-6).
It is further ordered that petitioner’s motion for appointment of counsel (dkt. no. 16) is denied.
DATED THIS 12th day of January 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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