Fields v. Baker et al

Filing 5

ORDER directing Clerk to add NV AG as counsel for Respondents and to file and e-serve them with ECF No. 1 -1 Petition (NEF sent 11/14/2016); directing Clerk to file the ECF No. 1 -2 Motion for Appointment of Counsel; granting the Motion for Appointment of Counsel and appointing FPD to represent Petitioner; directing Clerk to e-serve FPD with this order and the petition (NEFs sent 11/14/2016); giving FPD 30 days to file notice of appearance or indicate its inability to do so. Signed by Judge Miranda M. Du on 11/14/2016. (Copies have been distributed pursuant to the NEF; copy also mailed to Petitioner - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOHN VERNON FIELDS,

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Case No. 3:16-cv-00298-MMD-VPC
Petitioner,

ORDER

v.
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RENEE BAKER, et al.,
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Respondents.
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Petitioner John Vernon Fields has submitted a pro se petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. He has now paid the filing fee (see ECF No. 4).

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The Court has reviewed the petition pursuant to Habeas Rule 4, and it will be docketed

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and served on respondents.

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A petition for federal habeas corpus should include all claims for relief of which

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petitioner is aware. If petitioner fails to include such a claim in his petition, he may be

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forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C.

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§2254(b) (successive petitions). If petitioner is aware of any claim not included in his

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petition, he should notify the court of that as soon as possible, perhaps by means of a

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motion to amend his petition to add the claim.

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Petitioner has also submitted a motion for appointment of counsel (ECF No. 1-2).

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There is no constitutional right to appointed counsel for a federal habeas corpus

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proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999

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F.2d 425, 428 (9th Cir.1993). The decision to appoint counsel is generally discretionary.

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Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.1986), cert. denied, 481 U.S. 1023

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

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(1984). However, counsel must be appointed if the complexities of the case are such

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that denial of counsel would amount to a denial of due process, and where the petitioner

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is a person of such limited education as to be incapable of fairly presenting his claims.

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

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Cir.1970). Here, Fields’s petition may contain relatively complex legal issues, and he is

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serving a life sentence without the possibility of parole. Thus, the Court concludes that

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the appointment of counsel is justified to ensure due process. See Chaney, 801 F.2d at

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

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motion will be granted.
It is therefore ordered that the Clerk file and electronically serve the petition (ECF

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No. 1-1) on the respondents.
It is further ordered that the Clerk add Adam Paul Laxalt, Nevada Attorney

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General, as counsel for respondents.
It is further ordered that the Clerk file petitioner’s motion for appointment of

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counsel (ECF No. 1-2).
It is further ordered that the motion for appointment of counsel (ECF No. 1-2) is

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granted.
It is further ordered that the Federal Public Defender (“FPD”) is appointed to

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represent petitioner.

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It is further ordered that the Clerk electronically serve on the FPD a copy of this

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order, together with a copy of the petition for writ of habeas corpus (ECF No. 1-1). The

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FPD shall have thirty (30) days from the date of entry of this order to file a notice of

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appearance or to indicate to the Court its inability to represent petitioner in these

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proceedings.

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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, if any.

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DATED THIS 14th day of November 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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