Smith v. Baker et al

Filing 6

ORDER Clerk shall file petition and motion for appointment of counsel. Motion for appointment of counsel is denied. Clerk shall add AG as counsel for respondents and electronically serve upon respondents copy of petition and copy of this ord er (served via NEF 7/2/15). Clerk shall return copy of petition to petitioner. Respondents shall have 60 days to answer or otherwise respond to petition. Signed by Judge Miranda M. Du on 7/2/15. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

***

8

ROBERT A. SMITH,

9
10
11

Case No. 3:15-cv-00234-MMD-VPC
Petitioner,

ORDER

v.
RENEE BAKER, et al.,

12

Respondents.

13
14
15

This action is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254
by Robert A. Smith, a Nevada prisoner. Smith has paid the filing fee. (Dkt. no. 4.)

16

The Court has reviewed Smith’s petition for a writ of habeas corpus pursuant to

17

Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts.

18

The Court will direct the Clerk of the Court to serve the petition upon the respondents,

19

and will require a response.

20

The Court will deny Smith’s motion for appointment of counsel. “Indigent state

21

prisoners applying for habeas corpus relief are not entitled to appointed counsel unless

22

the circumstances of a particular case indicate that appointed counsel is necessary to

23

prevent due process violations.” Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.1986)

24

(citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir.1970) (per curiam). The court may,

25

however, appoint counsel at any stage of the proceedings “if the interests of justice so

26

require.” See 18 U.S.C. § 3006A; see also, Rule 8(c), Rules Governing § 2254 Cases;

27

Chaney, 801 F.2d at 1196. The record in this case reflects that appointment of counsel

28

is not warranted.

1

It is therefore ordered that the Clerk of the Court shall separately file the petition

2

for writ of habeas corpus and the motion for appointment of counsel, both of which are

3

currently attached to the application to proceed in forma pauperis (dkt. no. 1).

4

It is further ordered that petitioner’s motion for appointment of counsel is denied.

5

It is further ordered that the Clerk of the Court shall add Adam Paul Laxalt,

6

Attorney General of the State of Nevada, as counsel for respondents.
It is further ordered that the Clerk of the Court shall electronically serve upon

7
8

respondents a copy of the petition for writ of habeas corpus and a copy of this order.

9

It is further ordered that the Clerk of the Court shall return to the petitioner a copy

10

of his petition for writ of habeas corpus, with the service upon him of a copy of this

11

order.

12

It is further ordered that respondents shall have sixty (60) days from the date on

13

which the petition is served upon them to appear in this action, and to answer or

14

otherwise respond to the petition. Respondents shall, in the initial responsive pleading,

15

whether a motion or an answer, raise all potential procedural defenses, including the

16

statute of limitations, lack of exhaustion, and procedural default. If respondents file an

17

answer, petitioner shall thereafter have sixty (60) days to file a reply.

18

DATED THIS 2nd day of July 2015.

19
20
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
2