Page v. Northern Nev. Cor. Center et al

Filing 5

ORDER - Clerk shall separately file the petition for writ of habeas corpus, and the motion for appointment of counsel. Clerk shall add AG as counsel for respondents. Clerk shall e-serve respondents a copy of the petition for writ of habeas corpus, and a copy of this order. (E-service 11/30/2016.) Respondents shall appear in this action by 12/20/2016. No response to the habeas petition at this time. Petitioner's Motion for Appointment of Counsel is granted. FPD is appointed to represen t petitioner. Clerk shall e-serve FPD a copy of this order, together with a copy of the petition for writ of habeas corpus. (E-service 11/30/2016.) FPD notice of appearance due by 12/20/2016, or to indicate to the Court its inability to represent the petitioner in this case. Signed by Judge Miranda M. Du on 11/30/2016. (Copies have been distributed pursuant to the NEF - DRM) Modified on 11/30/2016 to reflect courtesy copy mailed to P at NNCC on 11/30/2016 (DRM).

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 DANIEL PAGE, Case No. 3:16-cv-00600-MMD-WGC 10 11 12 Petitioner, ORDER v. NEVADA ATTORNEY GENERAL, et al., 13 Respondents. 14 15 This case is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, 16 by Daniel Page, a Nevada prisoner. Page filed his habeas corpus petition, along with an 17 application to proceed in forma pauperis, and a motion for appointment of counsel, on 18 October 17, 2016. (ECF No. 1.) On October 25, 2016, the Court denied Page's application 19 to proceed in forma pauperis, and ordered him to pay the filing fee for this action. (See 20 Order entered October 25, 2016 (ECF No. 3).) Page paid the filing fee on November 17, 21 2016. (ECF No. 4.) 22 The Court has reviewed Page's habeas petition, pursuant to Rule 4 of the Rules 23 Governing Section 2254 Cases in the United States District Courts, and determines that 24 it merits service upon the respondents. Respondents will not be required to respond to 25 the petition at this time, however, as the Court anticipates that, with counsel, Page will 26 likely file an amended petition. 27 The Court will grant Page's motion for appointment of counsel. “Indigent state 28 prisoners applying for habeas corpus relief are not entitled to appointed counsel unless 1 the circumstances of a particular case indicate that appointed counsel is necessary to 2 prevent due process violations.” Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) 3 (citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam). The court may, 4 however, appoint counsel at any stage of the proceedings “if the interests of justice so 5 require.” See 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases; 6 Chaney, 801 F.2d at 1196. In his motion for appointment of counsel, Page states that he 7 has over the last three years, suffered two strokes and a heart attack, and that the strokes 8 have affected his memory; Page also states that, apparently as a result of a transfer 9 related to one of the medical events, he lost most of his records related to his criminal 10 case. Under these circumstances, and taking into consideration the length of Page's 11 prison sentence (two consecutive sentences of ten years to life in prison), the Court finds 12 that appointment of counsel is in the interests of justice. 13 It is therefore ordered that the Clerk of the Court separately file the petition for writ 14 of habeas corpus, and the motion for appointment of counsel, both of which are currently 15 attached to the in forma pauperis application, at ECF No. 1. 16 17 18 19 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 electronically serve upon respondents a copy of the petition for writ of habeas corpus, and a copy of this order. 20 It is further ordered that respondents will have twenty (20) days from the date on 21 which the petition is served upon them to appear in this action. Respondents will not be 22 required to respond to the habeas petition at this time. 23 It is further ordered that petitioner’s Motion for Appointment of Counsel is granted. 24 The Federal Public Defender for the District of Nevada (FPD) is appointed to represent 25 petitioner. If the FPD is unable to represent the petitioner, due to a conflict of interest or 26 other reason, then alternate counsel will be appointed. In either case, counsel will 27 represent the petitioner in all federal-court proceedings relating to this matter, unless 28 allowed to withdraw. 2 1 2 It is further ordered that the Clerk of the Court electronically serve upon the FPD a copy of this order, together with a copy of the petition for writ of habeas corpus. 3 It is further ordered that the FPD will have twenty (20) days from the date of entry 4 of this order to file a notice of appearance, or to indicate to the Court its inability to 5 represent the petitioner in this case. 6 7 It is further ordered that the Court will establish a schedule for further proceedings in this case after counsel appear for the petitioner and the respondents. 8 9 DATED THIS 30th day of November 2016. 10 11 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?