Williams v. Baker et al

Filing 5

ORDER - Clerk shall separately file the petition for writ of habeas corpus and the motion for appointment of counsel, each attached to the IFP application at ECF No. 1 . Clerk of the Court add AG, as counsel for respondents. Clerk shall e-serv e Rs a copy of the petition for writ of habeas corpus and a copy of this order. (E-service on 9/28/2016.) Answer/response to petition due by 11/27/2016. Petitioner's motion for appointment of counsel is denied. Clerk shall substitute Timothy F ilson for Renee Baker, on the docket for this case, as the respondent warden of Ely State Prison, and will update the caption of the action to reflect this change. Signed by Judge Miranda M. Du on 9/28/2016. (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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MATHEW LEE WILLIAMS,

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Case No. 3:16-cv-00505-MMD-VPC
Petitioner,

ORDER

v.
TIMOTHY FILSON, et al.,

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Respondents.

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This case is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254,

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by Mathew Lee Williams, a Nevada prisoner. Williams has now paid the filing fee for this

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action. See Order entered August 31, 2016 (ECF No. 3); Receipt for Payment of Filing

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Fee (ECF No. 4).

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The Court has reviewed Williams' habeas petition pursuant to Rule 4 of the Rules

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Governing Section 2254 Cases in the United States District Courts. The Court will direct

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the Clerk of the Court to serve the petition upon the respondents, and will require a

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response.

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Williams filed, with his petition, a motion for appointment of counsel. “Indigent

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state prisoners applying for habeas corpus relief are not entitled to appointed counsel

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unless the circumstances of a particular case indicate that appointed counsel is

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necessary to prevent due process violations.” Chaney v. Lewis, 801 F.2d 1191, 1196

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(9th Cir.1986) (citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir.1970) (per curiam).

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The court may, however, appoint counsel at any stage of the proceedings “if the

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

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Governing § 2254 Cases; Chaney, 801 F.2d at 1196. Appointment of counsel is not

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warranted in this case.

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It is therefore ordered that the Clerk of the Court separately file the petition for

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writ of habeas corpus and the motion for appointment of counsel, each of which is

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currently attached to the in forma pauperis application at ECF No. 1.

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It is further ordered that the Clerk of the Court 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.

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It is further ordered that respondents will have sixty (60) days from the date on

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which the petition is served upon them to appear in this action, and to answer or

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otherwise respond to the petition.

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

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It is further ordered that, pursuant to Federal Rule of Civil Procedure 25(d), the

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Clerk of the Court will substitute Timothy Filson for Renee Baker, on the docket for this

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case, as the respondent warden of Ely State Prison, and will update the caption of the

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action to reflect this change.

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DATED THIS 28th day of September 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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