Cardenas v. Sandie et al

Filing 3

ORDER - # 1 IFP Application is granted. Clerk shall file and e-serve petition upon Rs. ( E-service performed on 4/21/2016. ) Clerk shall file motion for counsel. The motion for counsel is denied. Answer due by 6/5/2016. Any state court exhibits sh all be filed with index as specified herein; hard copy of all exhibits shall be sent to Reno staff attorneys. Henceforth, P must serve AG with copy of every submission, together with certificate of service. Signed by Judge Miranda M. Du on 4/21/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOEL CARDENAS,

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Petitioner,

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ORDER

v.
ACTING WARDEN, et al.,
Respondents.

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Case No. 3:15-cv-00476-MMD-VPC

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 to proceed in forma pauperis. (Dkt. no. 1). Based on

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

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proceed in forma pauperis should be granted. The petition will now be filed and served

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on respondents.

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Petitioner has filed a motion for the appointment of counsel. (Dkt. no. 1-2).

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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 corpus

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

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

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

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discretion. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), cert. denied, 481 U.S.

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1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838

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(1984). The petition on file in this action is sufficiently clear in presenting the issues that

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petitioner wishes to bring. The issues in this case are not complex. Petitioner’s motion for

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the appointment of counsel is denied.
It is therefore ordered that the application to proceed in forma pauperis (dkt. no. 1)

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is granted.
It is further ordered that the Clerk file and electronically serve the petition (dkt. no.

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1-1) upon the respondents.

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It is further ordered that the Clerk of Court separately file the motion for

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appointment of counsel, which is attached to the application to proceed in forma pauperis.

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

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denied.

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It is further ordered that respondents will have forty-five (45) days from entry of this

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order within which to answer, or otherwise respond to, the petition. In their answer or

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other response, respondents must address all claims presented in the petition.

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Respondents must raise all potential affirmative defenses in the initial responsive

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pleading, including lack of exhaustion and procedural default. Successive motions to

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dismiss will not be entertained. If an answer is filed, respondents must comply with the

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requirements of Rule 5 of the Rules Governing Proceedings in the United States District

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Courts under 28 U.S.C. §2254. If an answer is filed, petitioner will have forty-five (45)

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days from the date of service of the answer to file a reply.

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It is further ordered that any state court record exhibits filed by respondents must

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be filed with a separate index of exhibits identifying the exhibits by number or letter. The

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hard copy of all state court record exhibits must be forwarded, for this case, to the staff

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attorneys in the Reno Division of the Clerk of Court. The hard copy of all exhibits

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submitted to the Court must be tabbed and must be bound along the top edge of the

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pages.

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It is further ordered that, henceforth, petitioner must serve upon the Attorney

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General of the State of Nevada a copy of every pleading, motion, or other document he

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submits for consideration by the Court. Petitioner must include with the original paper
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submitted for filing a certificate stating the date that a true and correct copy of the

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document was mailed to the Attorney General. The Court may disregard any paper that

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does not include a certificate of service. After respondents appear in this action, petitioner

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must make such service upon the particular Deputy Attorney General assigned to the

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case.

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DATED THIS 21st day of April 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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