Jefferson v. The State of Nevada et al

Filing 4

ORDER that the Clerk e-serve the petition ECF No. 1 and a copy of this order (e-served order and NEF regenerated on 02/27/2018); Clerk directed to add AG as counsel for respondents; respondents answer/appearance due by 4/28/2018; petitioner to have 60 days from the date of service of answer to file and serve a reply; any additional state court records exhibits to be filed with a separate index of exhibits identified by number; hard copy of exhibits to be forwarded to staff attorneys in Reno; petitioner's motion for appointment of counsel ECF No. 2 is DENIED. Signed by Judge Howard D. McKibben on 2/27/2018. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
9
10
11

BRANDON M. JEFFERSON,

12

Petitioner,

13

vs.

14

STATE OF NEVADA, et al.,

15

Respondents.

)
)
)
)
)
)
)
)
)
)
/

3:18-cv-00064-HDM-VPC
ORDER

16
17

This a habeas corpus proceeding pursuant to 28 U.S.C. § 2254 brought by Brandon M. Jefferson,

18

a Nevada prisoner. Jefferson has filed a habeas petition and paid the required fee. ECF No. 1. The

19

court has reviewed the petition pursuant to Habeas Rule 4, and shall direct the Clerk to serve the petition

20

upon the respondents.

21

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

22

aware. If petitioner fails to include such a claim in his petition, he may be forever barred from seeking

23

federal habeas relief upon that claim. See 28 U.S.C. §2244(b) (successive petitions). If petitioner is

24

aware of any claim not included in his petition, he should notify the court of that as soon as possible,

25

perhaps by means of a motion to amend his petition to add the claim.

26

In addition, petitioner has filed a motion for the appointment of counsel. ECF No. 2. Pursuant

1

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

2

that the “interests of justice” require representation. There is no constitutional right to appointed counsel

3

for a federal habeas corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555(1987); Bonin v.

4

Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The decision to appoint counsel is generally discretionary.

5

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

6

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

7

counsel would amount to a denial of due process, and where the petitioner is a person of such limited

8

education as to be incapable of fairly presenting his claims. See Chaney, 801 F.2d at1196; see also

9

Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970). The petition on file in this action is sufficiently clear

10

in presenting the issues that petitioner wishes to bring. Also, the issues in this case are not particularly

11

complex. It does not appear that appointment of counsel is warranted in this instance. Petitioner’s

12

motion for the appointment of counsel is denied.

13
14
15
16
17
18

IT THEREFORE IS ORDERED that the Clerk of the Court shall ELECTRONICALLY
SERVE the petition (ECF No. 1) and a copy of this order on the respondents.
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 respondents shall have 60 days from the date of entry of this
order to appear in this action, and to answer or otherwise respond to the petition.

19

IT IS FURTHER ORDERED that if respondents file an answer, petitioner shall have 60 days

20

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

21

to dismiss, petitioner shall have 60 days from the date on which the motion is served on him to file and

22

serve a response to the motion to dismiss, and respondents shall, thereafter, have 30 days to file a reply

23

in support of the motion.

24

IT FURTHER IS ORDERED that any additional state court record exhibits filed herein by

25

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

26
2

1

by number. The CM/ECF attachments that are filed further shall be identified by the number or numbers

2

of the exhibits in the attachment. The hard copy of any additional state court record exhibits shall be

3

forwarded – for this case – to the staff attorneys in Reno.

4
5
6

IT FURTHER IS ORDERED that petitioner’s motion for appointment of counsel (ECF No.
2) is DENIED.
27th
Dated this _____ day of February, 2018.

7
8
UNITED STATES DISTRICT JUDGE
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3