Dozier v. State of Nevada et al

Filing 7

ORDER directing clerk to file petition 1 -1; granting 6 Motion to Appoint Counsel; and denying 5 Motion for Evidentiary Hearing. Clerk shall electronically serve FPD copy of this order and copy of petition (served via NEF 4/27/15). FPD has 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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ESAU DOZIER,
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Petitioner,

Case No. 3:15-cv-00043-RCJ-WGC

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vs.

ORDER

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NEVADA, STATE OF, 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
state prisoner, is proceeding pro se. Petitioner has paid the filing fee (see ECF #4).

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Petitioner has also filed a motion for appointment of counsel (ECF #6). 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, and the petition raises on its face questions regarding timeliness and exhaustion

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of state remedies. Moreover, petitioner is serving four consecutive sentences of 72 months to 180

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months. 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 #6)

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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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IT IS FURTHER ORDERED that petitioner’s motion for evidentiary hearing (ECF #5) is
DENIED without prejudice as premature.
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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