Henderson v. Baker et al

Filing 6

ORDER directing clerk to file petition and granting 3 Motion to Appoint Counsel. Clerk shall electronically serve FPD copy of this order and copy of petition (served via NEF 4/27/15). FPD shall have 30 days to file notice of appearance or indicate inability to do so. Signed by Judge Robert C. Jones on 4/27/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOSEPH HENDERSON,
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Petitioner,

Case No. 3:14-cv-00639-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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This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which petitioner, a
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state prisoner, is proceeding pro se. Petitioner has now paid the filing fee (see ECF #5).
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Petitioner has also filed a motion for appointment of counsel (ECF #3). 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–in particular
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those involving DNA evidence–may be complex. Moreover, this court may take judicial notice of the
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state court docket, and petitioner appears to be serving five consecutive life sentences with the

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possibility of parole. Therefore, counsel shall be appointed to represent petitioner.

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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 petitioner’s motion for appointment of counsel (ECF #3)

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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 27th day of April, 2015.
Dated this ______ day of April, 2015.

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___________________________________
UNITED STATES DISTRICT JUDGE

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