Hall v. Baca et al

Filing 4

ORDER Motion/Application for Leave to Proceed in forma pauperis 1 is granted. Clerk shall detach and file petition 1 -1 and motion for appointment of counsel 1 -2. Motion for appointment of counsel is granted. FPD appointe d to represent petitioner. Clerk shall electronically serve FPD copy of order with copy of petition (served via NEF 2/11/15). FPD shall have 30 days to file notice of appearance or indicate inability to represent petitioner. Signed by Judge Robert C. Jones on 2/11/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DAMIAN HALL,
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Petitioner,

Case No. 3:14-cv-00613-RCJ-WGC

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vs.

ORDER

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MR. BACA, et al.,
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Respondents.
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A Nevada prisoner, Damian Hall, has submitted an application to proceed in forma pauperis

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(ECF #1) and a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF #1-1).

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Petitioner’s application to proceed in forma pauperis shall be granted.

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Petitioner has also submitted a motion for appointment of counsel (ECF #1-2). 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, the manner in which petitioner has

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attempted to complete the form petition suggests that he does not comprehend what information he is

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required to supply (see, e.g., ECF #1-1, p. 3 - under Ground 1 petitioner has listed the counts to which

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he pleaded guilty, with no other information). Additionally, petitioner has alleged that he suffers from

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mental illness and has included a medical kite that reflects that he takes several medications for his

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schizophrenia (ECF #3). Finally, petitioner appears to be serving a term of ten years to life, with a

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consecutive term of eight to twenty years, and a consecutive term of four to ten years. Accordingly,

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petitioner’s motion for appointment of counsel is granted.

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IT THEREFORE IS ORDERED that petitioner’s application to proceed in forma pauperis
(ECF # 1) is GRANTED.

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IT IS FURTHER 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 11th day ofof February, 2015.
Dated this ______ day February, 2015

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___________________________________

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UNITED STATES DISTRICT JUDGE

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