Leeds v. Baca et al

Filing 7

ORDER granting 4 IFP application; granting 5 Motion for Appointment of Counsel; appointing FPD to represent Petitioner; giving FPD 30 days to undertake direct representation or to indicate its inability to do so; directing C lerk to e-serve FPD with this order and the 1 -1 and 3 petitions (NEFs sent 10/29/2015); directing Clerk to add and e-serve NV AG with a copy of this order (NEF sent 10/29/2015); directing Respondents to enter notice of appearance within 10 days; directing Clerk to send a copy of this order to the CJA Coordinator (NEF sent 10/29/2015). Signed by Judge Larry R. Hicks on 10/28/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ROBERT MARC LEEDS,

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Petitioner,

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vs.

Case No. 3:15-cv-00261-LRH-VPC
ORDER

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WARDEN BACA, et al.,
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Respondents.
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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a
Nevada state prisoner.

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Petitioner has filed a motion to proceed in forma pauperis. (ECF No. 4). Based on the

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information regarding petitioner's financial status, the Court finds that the motion to proceed in

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forma pauperis is granted.

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Petitioner has filed a motion for the appointment of counsel. (ECF No. 5). Pursuant to 18

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U.S.C. § 3006A(2)(B), the district court has discretion to appoint counsel when it determines that

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the “interests of justice” require representation in a habeas corpus case. Petitioner has no

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constitutional right to appointed counsel in 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

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decision to appoint counsel is within the Court’s discretion. Chaney v. Lewis, 801 F.2d 1191, 1196

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(9th Cir. 1986), cert. denied, 481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th

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Cir.), cert. denied, 469 U.S. 838 (1984). However, counsel must be appointed if the complexities of

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the case are such that denial of counsel would amount to a denial of due process. See Chaney, 801

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F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970).

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Petitioner has filed a petition and a first amended petition. (ECF Nos. 1-1 & 3). The federal

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habeas petitions submitted in this action include many claims, the contents of which suggest that it

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may be a relatively complex action. In the underlying state criminal case, petitioner was convicted

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of first degree murder and was sentenced to imprisonment for life with the possibility of parole.

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The Court grants petitioner’s motion for the appointment of counsel.

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Therefore, the Federal Public Defender for the District of Nevada (FPD) is appointed to
represent petitioner. If the FPD is unable to represent petitioner, due to a conflict of interest or other

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reason, then alternate counsel for petitioner shall be located, and the Court will enter a separate

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order appointing such alternate counsel. In either case, counsel will represent petitioner in all future

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federal proceedings relating to this matter (including subsequent actions) and appeals therefrom,

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unless allowed to withdraw.
IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (ECF

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No. 4) is GRANTED.

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IT IS FURTHER ORDERED that petitioner’s motion for the appointment of counsel (ECF
No. 5) is GRANTED. The Federal Public Defender is appointed to represent petitioner.

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IT IS FURTHER ORDERED that the Clerk of Court SHALL ELECTRONICALLY

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SERVE the Federal Public Defender for the District of Nevada (FPD) a copy of this order, together

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with a copy of the original petition and first amended petition (ECF Nos. 1-1 & 3). The FPD shall

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have thirty (30) days from the date of entry of this order to undertake direct representation of

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petitioner or to indicate to the Court its inability to represent petitioner in these proceedings.

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IT IS FURTHER ORDERED that the Clerk of Court SHALL add Attorney General Adam

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Paul Laxalt to the CM/ECF docket sheet as counsel for respondents and serve respondents with a

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copy of this order.

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IT IS FURTHER ORDERED that respondents= counsel SHALL ENTER a notice of

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appearance herein within ten (10) days of entry of this order.

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IT IS FURTHER ORDERED that the Clerk of Court SHALL SEND a copy of this order
to the CJA Coordinator.
IT IS FURTHER ORDERED that, after counsel has appeared for petitioner in this case,

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the Court will issue a scheduling order, which will, among other things, set a deadline for the filing

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of a second amended petition.

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DATED this 28th day of October, 2015.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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