Rodriguez v. Baker et al

Filing 6

ORDER granting 4 Motion for Appointment of Counsel and appointing FPD to represent Petitioner; giving FPD 30 days to undertake direct representation or to indicate its inability to do so; directing Clerk to e-serve FPD with this order and the 1 -1 petition (NEFs sent 11/13/2015); directing Clerk to add and e-serve NV AG with a copy of this order (NEF sent 11/13/2015); 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 11/13/2015). A scheduling order will be issued afer counsel has appeared for Petitioner. Signed by Judge Miranda M. Du on 11/13/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EDWARD G. RODRIGUEZ,

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Case No. 3:15-cv-00339-MMD-WGC
Petitioner,

ORDER

v.
R. BAKER, et al.,
Respondents.
This action is a pro se 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 for the appointment of counsel. (Dkt. no. 4.)

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Pursuant to 18 U.S.C. § 3006A(2)(B), the district court has discretion to appoint counsel

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when it determines that the “interests of justice” require representation in a habeas

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corpus case. Petitioner has no constitutional right to appointed counsel in a federal

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habeas corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v.

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Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The decision to appoint counsel is within

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the Court’s discretion. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), cert.

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

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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

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Chaney, 801 F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970).

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The federal habeas petition submitted in this action includes many claims, the

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contents of which suggest that it may be a relatively complex action. In the underlying

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state criminal case, petitioner was convicted of first degree murder and was sentenced

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to imprisonment for life without the possibility of parole. The Court grants petitioner’s

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motion for the appointment of counsel.

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Therefore, the Federal Public Defender for the District of Nevada (FPD) shall be

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appointed to represent petitioner. If the FPD is unable to represent petitioner, due to a

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conflict of interest or other reason, then alternate counsel for petitioner shall be located,

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and the Court will enter a separate order appointing such alternate counsel. In either

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case, counsel will represent petitioner in all future federal proceedings relating to this

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matter (including subsequent actions) and appeals therefrom, unless allowed to

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withdraw.
It is therefore ordered that petitioner’s motion for the appointment of counsel (dkt.

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no. 4) is granted. The Federal Public Defender is appointed to represent petitioner.

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It is further ordered that the Clerk of Court will electronically serve the Federal

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

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copy of the petition for writ of habeas corpus (dkt. no. 1-1). The FPD will have thirty (30)

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days from the date of entry of this order to undertake direct representation of petitioner

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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 add Attorney General Adam Paul

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Laxalt to the CM/ECF docket sheet and serve respondents with a copy of this order.

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Respondents’ counsel must enter a notice of appearance herein within ten (10) days of

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entry of this order.
It is further ordered that the Clerk of Court will send a copy of this order to the

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CJA Coordinator.

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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

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for the filing of a first amended petition.

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DATED THIS 13th day of November 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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