Adorno v. Baca et al

Filing 4

ORDERED the Clerk DETACH and FILE the petition (# 1 -1). FURTHER ORD that the Clerk DETACH and FILE the motion for counsel (ECF # 1 -3). FURTHER ORD P's motion for appointment of counsel ( # 1 -3) is GRANTED. FURTHER ORD the FPD is appoin ted to represent P. FURTHER ORD that the Clerk shall E-SERVE the FPD this order, and the petition for WHC (#1-1). ( E-service to FPD on 4/29/2015. ) The FPD shall file notice of appearance by 5/29/2015. Signed by Judge Larry R. Hicks on 4/28/2015. (Copies have been distributed pursuant to the NEF - DRM) Modified on 4/29/2015 to reflect copy mailed to P at NNCC on 4/29/2015 (DRM).

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RICHARD ADORNO,

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Petitioner,

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vs.

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Case No. 3:15-cv-00160-LRH-WGC

ISIDRO BACA, et al.,

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ORDER

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.

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Petitioner has also submitted filed a motion for appointment of counsel (ECF #1-3). There is

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no 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, questions regarding timeliness and

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exhaustion are evident from the face of the petition, and petitioner alleges that he has suffered serious,

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long-term mental illness and that his counsel failed to advise him of his right to a direct appeal.

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Petitioner is also serving a life sentence. 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 the Clerk DETACH and FILE the motion for appointment

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of counsel (ECF #1-3).
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (ECF #1-3)
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 28th day of April, 2015.

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___________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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