Gallegos v. Baca et al

Filing 5

ORDER Clerk shall file petition 1 -1 and motion for appointment of counsel 1 -2. Motion for appointment of counsel is granted. FPD appointed to represent petitioner. Clerk shall electronically serve FPD copy of this order and copy of petition (served via NEF). FPD shall have 30 days to file notice of appearance or indicate inability to do so.Clerk shall electronically serve respondents with copy of this order (served via NEF). Respondents shall enter notice of appearance within 20 days.Signed by Judge Robert C. Jones on 11/9/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FERNANDO GALLEGOS,
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Petitioner,

Case No. 3:15-cv-00254-RCJ-VPC

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vs.

ORDER

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ISIDRO BACA, et al.,
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Respondents.
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Petitioner Fernando Gallegos has submitted a petition for a writ of habeas corpus pursuant to
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28 U.S.C. § 2254 (ECF No. 1-1) and has now paid the filing fee (see ECF No. 4).
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Petitioner has also submitted a motion for appointment of counsel (ECF No. 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, it appears that the claims may be
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somewhat complex. Moreover, petitioner is serving a life sentence without the possibility of parole for

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first-degree murder. Accordingly, petitioner’s motion for appointment of counsel is granted.

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IT IS THEREFORE ORDERED that the Clerk DETACH and FILE the petition (ECF No.
1-1).
IT IS FURTHER ORDERED that the Clerk DETACH and FILE petitioner’s motion for
appointment of counsel (ECF No. 1-2).
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel (ECF No.
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 No. 1-1). The

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FPD shall have thirty (30) days from the date of entry of this order to file a notice of appearance or to

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indicate to the court its inability to represent petitioner in these proceedings.

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IT IS FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE

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respondents with a copy of this order. Respondents shall enter a notice of appearance within ten (10)

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days of entry of this order.

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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 9th day of of October, 2015.
Dated this ______ day November, 2015.

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___________________________________
UNITED STATES DISTRICT JUDGE

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