Barragan v. Filson et al

Filing 6

ORDER that petitioner' s ex parte motion for appointment of counsel ECF No. 5 is GRANTED; FPD is appointed to represent petitioner; if the FPD is unable to represent the petitioner, due to a conflict of interest or other reason, then a lternate counsel will be appointed; Clerk directed to e-serve the FPD a copy of this order, together with a copy of the petition for writ of habeas corpus (e-served and NEF regenerated on 10/12/2017); FPD to file a notice of appearance by 11/01/2017; Clerk directed to add AG as counsel for respondents; Clerk directed to e-serve respondents a copy of the petition for writ of habeas corpus and a copy of this order (e-served and NEF regenerated on 10/12/2017); Respondents to file a notice of appear ance by 11/01/2017; Respondents will not be required to respond to the habeas petition at this time; Court will establish a schedule for further proceedings; petition's motion for appoint of counsel ECF No. 2 , motion for leave to proceed in forma pauperis ECF No. 3 are DENIED as moot. Signed by Judge Larry R. Hicks on 10/12/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MOISES BARRAGAN,
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Petitioner,
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vs.
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TIMOTHY FILSON, et al.,
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Respondents.
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____________________________________/

3:17-cv-00453-LRH-VPC
ORDER

This is a habeas corpus proceeding under 28 U.S.C. § 2254 brought by Moises Barragan, a
Nevada prisoner. Barragan has filed an ex parte motion for appointment of counsel. ECF No. 5.
“Indigent state prisoners applying for habeas corpus relief are not entitled to appointed

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

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prevent due process violations.” Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) (citing

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Kreiling v. Field, 431 F.2d 638, 640 (9th Cir.1970) (per curiam). The court may, however, appoint

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counsel at any stage of the proceedings “if the interests of justice so require.” See 18 U.S.C. §

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3006A; see also Rule 8(c), Rules Governing § 2254 Cases; Chaney, 801 F.2d at 1196.

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Based on his motion for leave to proceed in forma pauperis (ECF No. 3), Barragan lacks the

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resources necessary to retain counsel. It also appears likely that there may be relatively complex

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statute of limitations issues to be addressed at the outset of this case, and that Barragan may not be

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able to adequately litigate those issues without counsel. Therefore, the court finds that appointment

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of counsel is in the interests of justice.

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IT IS THEREFORE ORDERED that petitioner’s ex parte motion for appointment of

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counsel (ECF No. 5) is GRANTED. The Federal Public Defender for the District of Nevada (FPD)

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is appointed to represent petitioner. If the FPD is unable to represent the petitioner, due to a conflict

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of interest or other reason, then alternate counsel will be appointed. In either case, counsel will

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represent the petitioner in all federal-court proceedings relating to this matter, unless allowed to

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withdraw.

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IT IS FURTHER ORDERED that the Clerk of the Court shall electronically serve upon the
FPD a copy of this order, together with a copy of the petition for writ of habeas corpus.
IT IS FURTHER ORDERED that the FPD shall have 20 days from the date of entry of this

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order to file a notice of appearance, or to indicate to the court its inability to represent the petitioner

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in this case.

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IT IS FURTHER ORDERED that the Clerk shall add Adam Paul Laxalt, Attorney General
of the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the Clerk shall electronically serve upon respondents a
copy of the petition for writ of habeas corpus, and a copy of this order.
IT IS FURTHER ORDERED that respondents shall have 20 days from the date on which

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the petition is served upon them to appear in this action. Respondents will not be required to

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respond to the habeas petition at this time.

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IT IS FURTHER ORDERED that the court will establish a schedule for further
proceedings after counsel appear for the petitioner and the respondents.
IT IS FURTHER ORDERED that petitioner’s motion of appointment of counsel (ECF No.
2) and motion for leave to proceed in forma pauperis (ECF No. 3) are DENIED as moot.
Dated this 12th day of October, 2017.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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