Turner v. Baker et al

Filing 5

ORDER directing Clerk to file petition and motions, to add NV AG as counsel for respondents, and to e-serve NV AG with petition and this order (NEFs sent 4/4/2017). Appearance in action and response to petition due within 60 days. Reply due within 60 days thereafter. The Motion for Leave to File Longer than Normal Petition is denied as unnecessary and moot. The Motion for Appointment of Counsel is denied. Signed by Judge Miranda M. Du on 4/4/2017. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 JEREMY TURNER, 10 Petitioner, ORDER v. 11 12 Case No. 3:17-cv-00139-MMD-WGC RENEE BAKER, 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 Jeremy Turner, a Nevada prisoner, serving a sentence of ten years to life in prison for 17 second degree murder, and a consecutive sentence of two to five years in prison for 18 battery causing substantial bodily harm. See Petition for Writ of Habeas Corpus (ECF No. 19 1-1). 20 In an order entered March 16, 2017 (ECF No. 3), the Court determined that Turner 21 was able to pay the filing fee for this action, and denied his application to proceed in forma 22 pauperis. Turner paid the filing fee on April 3, 2017 (ECF No. 4). 23 Therefore, the Court has reviewed Turner's habeas petition pursuant to Rule 4 of 24 the Rules Governing Section 2254 Cases in the United States District Courts. The Court 25 will direct the Clerk of the Court to serve the petition upon the respondents, and will 26 require a response. 27 Turner filed, with his petition, a motion for leave to file a longer than normal petition, 28 requesting leave of court to attach additional pages to his petition, beyond the pages 1 provided with the form petition, in order to set forth all of his claims for relief (ECF No. 1- 2 2). That motion is unnecessary and moot, and will be denied on those grounds. Turner’s 3 petition will be filed as he has drafted it. 4 Turner also filed a motion for appointment of counsel (ECF No. 1-3). “Indigent state 5 prisoners applying for habeas corpus relief are not entitled to appointed counsel unless 6 the circumstances of a particular case indicate that appointed counsel is necessary to 7 prevent due process violations.” Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) 8 (citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam). The court may, 9 however, appoint counsel at any stage of the proceedings “if the interests of justice so 10 require.” See 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases; 11 Chaney, 801 F.2d at 1196. Appointment of counsel is not warranted in this case. 12 It is therefore ordered that the Clerk of the Court will separately file the petition for 13 writ of habeas corpus, the motion for leave to file a longer than normal petition, and the 14 motion for appointment of counsel, each of which is currently attached to the in forma 15 pauperis application at ECF No. 1. It is further ordered that the Clerk of the Court add Adam Paul Laxalt, Attorney 16 17 General of the State of Nevada, as counsel for respondents. It is further ordered that the Clerk of the Court electronically serve upon 18 19 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 sixty (60) days from the date on 21 which the petition is served upon them to appear in this action, and to answer or otherwise 22 respond to the petition. If respondents file an answer, petitioner will have sixty (60) days 23 to file a reply to the answer. If respondents file a motion to dismiss, petitioner will have 24 sixty (60) days to file a response to the motion to dismiss, and then respondents will have 25 thirty (30) days to file a reply to petitioner’s response. It is further ordered that petitioner’s motion for leave to file a longer than normal 26 27 petition is denied as unnecessary and moot. 28 /// 2 1 It is further ordered that petitioner’s motion for appointment of counsel is denied. 2 3 DATED THIS 4th day of April 2017. 4 5 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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