Keller v. Baca

Filing 6

ORDER - Petitioner's motion for the appointment of counsel (ECF No. 5 ) is denied. It is further ordered that the Clerk file and electronically serve the petition (ECF No. 1 -1) upon the respondents. The Clerk of Court will add AG to the CM /ECF docket sheet as counsel for respondents. Answer/response to petition due by 9/2/2016. Any state court exhibits shall be filed with separate index as specified herein; and hard copy forwarded to Reno staff attorneys. Henceforth P shall serve AG a copy of every pleading submitted for consideration, together with a certificate of service. Signed by Judge Miranda M. Du on 7/19/2016. (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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BRET HENRY KELLER,

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Case No. 3:15-cv-00563-MMD-VPC
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,
Respondents.

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This action is a pro se petition for a writ of habeas corpus filed pursuant to 28

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U.S.C. § 2254 by a Nevada state prisoner. Petitioner has paid the filing fee for this

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action. (ECF No. 4.) The petition will now be filed and served on respondents.

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

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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. The petition on file in this action is sufficiently clear in

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presenting the issues that petitioner wishes to bring. The issues in this case are not

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complex. Counsel is not justified in this instance. Petitioner’s motion is denied.

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It is therefore ordered that petitioner’s motion for the appointment of counsel
(ECF No. 5) is denied.

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It is further ordered that the Clerk file and electronically serve the petition (ECF

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No. 1-1) upon the respondents. The Clerk of Court will add Attorney General Adam Paul

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Laxalt to the CM/ECF docket sheet as counsel for respondents.

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It is further ordered that respondents 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 will be forwarded, for this case, to the staff

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attorneys in the Reno Division of the Clerk of Court.

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It is further ordered that, henceforth, petitioner will 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 shall 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,

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petitioner will make such service upon the particular Deputy Attorney General assigned

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to the case.

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DATED THIS 19th day of July 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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