Evans v. Baker et al

Filing 4

ORDER - Clerk shall file the petition for a writ of habeas corpus, the motion for leave to file additional pages, and the motion for appointment of counsel. Clerk shall add AG as counsel for respondents. Clerk shall e-serve the petition and a copy of this order on the respondents. (E-service of petition and order on 6/27/2017.) Answer/response to the petition due by 8/26/2017 ; reply due 60 days after service of answer. Any additional state court exhibits shall be filed with a separate i ndex as specified herein. A hard copy of said exhibits must be forwarded to Reno staff attorneys. Petitioner's motion for appointment of counsel is denied. Petitioner's motion for leave to file additional pages is granted. Signed by Judge Miranda M. Du on 6/27/2017. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9

***

10

MICHAEL PAUL EVANS,

11
12
13
14

Case No. 3:17-cv-00347-MMD-WGC
Petitioner,

ORDER

v.
RENEE BAKER, et al.,
Respondents.

15
16

On June 2, 2017, this Court received the following documents from petitioner

17

Evans: a petition for a writ of habeas corpus under 28 U.S.C. § 2254, a motion for leave

18

to file additional pages, and a motion for appointment of counsel. (ECF No. 1.) On June

19

22, 2017, this Court received the filing fee for Evans’ habeas petition. Thus, the Clerk will

20

be directed to filed each of the foregoing documents.

21
22

The Court has reviewed the petition pursuant to Habeas Rule 4, and the petition
shall be served upon the respondents.

23

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

24

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

25

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

26

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

27

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

28

motion to amend his petition to add the claim.

1

Pursuant to 18 U.S.C. §3006A(a)(2)(B), the district court has discretion to appoint

2

counsel when it determines that the “interests of justice” require representation. There is

3

no constitutional right to appointed counsel for a federal habeas corpus proceeding.

4

Pennsylvania v. Finley, 481 U.S. 551, 555(1987); Bonin v. Vasquez, 999 F.2d 425, 428

5

(9th Cir. 1993). The decision to appoint counsel is generally discretionary. Chaney v.

6

Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Bashor v. Risley, 730 F.2d 1228, 1234 (9th

7

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

8

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

9

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

10

See Chaney, 801 F.2d at1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970).

11

The petition on file in this action is sufficiently clear in presenting the issues that petitioner

12

wishes to bring. Also, the issues in this case are not particularly complex. It does not

13

appear that appointment of counsel is warranted in this instance. Petitioner’s motion for

14

the appointment of counsel is denied.

15

It is therefore ordered that the Clerk file the petition for a writ of habeas corpus

16

under 28 U.S.C. § 2254, the motion for leave to file additional pages, and the motion for

17

appointment of counsel, all of which are currently located at ECF No. 1.

18
19
20
21
22
23

It is further ordered that the Clerk add Adam Paul Laxalt, Attorney General of the
State of Nevada, as counsel for respondents.
It is further ordered that the Clerk electronically serve the petition for a writ of
habeas corpus and a copy of this order on the respondents.
It is further ordered that respondents will have sixty (60) days from the date of entry
of this order to appear in this action, and to answer or otherwise respond to the petition.

24

It is further ordered that if respondents file an answer, petitioner will have sixty (60)

25

days from the date on which the answer is served on him to file and serve a reply. If

26

respondents file a motion to dismiss, petitioner will have sixty (60) days from the date on

27

which the motion is served on him to file and serve a response to the motion to dismiss,

28

and respondents will have thirty (30) days thereafter to file a reply in support of the motion.
2

1

It is further ordered that any additional state court record exhibits filed herein by

2

either petitioner or respondents must be filed with a separate index of exhibits identifying

3

the exhibits by number. The CM/ECF attachments that are filed further must be identified

4

by the number or numbers of the exhibits in the attachment. The hard copy of any

5

additional state court record exhibits must be forwarded — for this case — to the staff

6

attorneys in Reno.

7

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

8

It is further ordered that petitioner’s motion for leave to file additional pages is

9
10

granted.
DATED THIS 27th day of June 2017.

11
12
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3