Byars v. Williams et al

Filing 7

ORDER denying 4 motion to appoint counsel; directing Clerk to separately file petition, add AG as counsel for respondents, and electronically serve upon respondents copy of petition and this order (served via NEF 9/25/15); and directing respondents to answer or otherwise respond within 60 days. Signed by Judge Robert C. Jones on 9/25/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL DWAYNE BYARS,

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Petitioner,
3:15-cv-00388-RCJ-VPC

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vs.

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BRYAN WILLIAMS, SR., et al.,

ORDER
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Respondents.
__________________________________/

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This action is a petition for writ of habeas corpus by Nevada prisoner Michael Dwayne

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Byars. Byars filed his petition on July 27, 2015; on September 17, 2015, he paid the filing fee

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(ECF No. 5).

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The Court has reviewed Byars’ petition, pursuant to Rule 4 of the Rules Governing Section

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2254 Cases in the United States District Courts, and determines that it merits service upon

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respondents and a response by respondents.

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Byars has filed a motion for appointment of counsel (ECF No. 4). “Indigent state prisoners

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applying for habeas corpus relief are not entitled to appointed counsel unless the circumstances of a

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particular case indicate that appointed counsel is necessary to prevent due process violations.”

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Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.1986) (citing Kreiling v. Field, 431 F.2d 638, 640

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(9th Cir.1970) (per curiam). The court may, however, appoint counsel at any stage of the

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proceedings “if the interests of justice so require.” See 18 U.S.C. § 3006A; see also, Rule 8(c),

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Rules Governing Section 2254 Cases; Chaney, 801 F.2d at 1196. The record in this case reflects that

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appointment of counsel is not warranted.

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IT IS THEREFORE ORDERED that petitioner’s motion for appointment of counsel (ECF
No. 4) is DENIED.

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IT IS FURTHER ORDERED that the Clerk of the Court shall separately file the petition

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for writ of habeas corpus (now attached to the application to proceed in forma pauperis, at ECF

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No. 1).

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IT IS FURTHER ORDERED that the Clerk of the Court shall add Adam Paul Laxalt,
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
respondents a copy of the petition for writ of habeas corpus and a copy of this order.
IT IS FURTHER ORDERED that respondents shall have 60 days from the date of entry of
this order to appear in this action, and to answer or otherwise respond to the petition.
IT IS FURTHER ORDERED that if respondents file an answer, petitioner shall have 60

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days from the date on which the answer is served on him to file and serve a reply. If respondents file

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a motion to dismiss, petitioner shall have 60 days from the date on which the motion is served on

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him to file and serve a response to the motion to dismiss, and respondents shall, thereafter, have 30

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days to file a reply in support of the motion.

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Dated this _____day of September, 2015.
25th day of September, 2015.
Dated

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UNITED STATES DISTRICT JUDGE
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