Washington v. Olson et al
Filing
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ORDER directing Clerk to file ECF Nos. 1 -1 Petition and 1 -2 Motion for Appointment of Counsel, granting the motion for counsel and appointing FPD; directing Clerk to e-serve FPD with a copy of this order and the petition (NEFs sent 9/8/202 1); giving FPD 30 days to file a notice of appearance or indicate its inability to do so; suspending requirement that Petitioner pay filing fee or file an IFP application pending the Court setting a deadline after counsel appears for Pe titioner; directing Clerk to add NV AG as counsel for Respondents; directing Clerk to e-serve NV AG a copy of all items previously filed in this case (NEFs sent 9/8/2021); directing Respondents to appear in this action within 30 days; directing Clerk to correct Petitioner's name on docket as indicated. Signed by Judge Robert C. Jones on 9/7/2021. (Copies have been distributed pursuant to the NEF - KR)
Case 3:21-cv-00327-RCJ-WGC Document 4 Filed 09/07/21 Page 1 of 3
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LEON WASHINGTON, JR.,
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Petitioner,
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Case No. 3:21-cv-00327-RCJ-WGC
v.
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ORDER
KYLE OLSON, et al.,
Respondents.
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On July 29, 2021, Leon Washington, who is incarcerated at the Lovelock
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Correctional Center, in Lovelock, Nevada, submitted to this Court, for filing, a pro se
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petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 1-1) and a
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motion for appointment of counsel (ECF No. 1-2).
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Washington did not pay the filing fee for this action, and he did not file an
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application to proceed in forma pauperis (he did file a financial certificate on August 5,
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2021 (ECF No. 3)). The Court will, however, suspend the matter of the payment of the
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filing fee or application to proceed in forma pauperis until after counsel appears for
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Washington.
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State prisoners applying for habeas corpus relief are not entitled to appointed
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counsel unless the circumstances 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)
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(citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam). The court may,
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however, appoint counsel at any stage of the proceedings if the interests of justice so
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require. See 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases;
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Chaney, 801 F.2d at 1196. It appears to the Court that Washington will not be able to
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adequately litigate this action without counsel. The Court therefore finds that
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appointment of counsel is in the interests of justice. The Court will grant Washington’s
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Case 3:21-cv-00327-RCJ-WGC Document 4 Filed 09/07/21 Page 2 of 3
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motion for appointment of counsel and will appoint the Federal Public Defender for the
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District of Nevada (FPD) to represent him.
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The Court has examined Washington’s petition pursuant to Rule 4 of the Rules
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Governing Section 2254 Cases in the United States District Courts and determines that
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it merits service upon the respondents. The Court will order the petition served upon the
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respondents, and will direct the respondents to appear, but will not require any further
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action on the part of the respondents at this time.
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IT IS THEREFORE ORDERED that the Clerk of the Court is directed to
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separately file the Petition for Writ of Habeas Corpus (ECF No. 1-1) and the Motion for
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Appointment of Counsel (ECF No. 1-2).
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IT IS FURTHER ORDERED that Petitioner’s Motion for Appointment of Counsel
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(ECF No. 1-2) is granted. The Federal Public Defender for the District of Nevada (FPD)
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is appointed to represent the petitioner. If the FPD is unable to represent the petitioner,
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because of a conflict of interest or for any other reason, alternate counsel will be
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appointed. In either case, counsel will represent the petitioner in all federal court
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proceedings relating to this matter, unless allowed to withdraw.
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IT IS FURTHER ORDERED that the Clerk of the Court is directed to
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electronically serve upon the FPD a copy of this order, together with a copy of the
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Petition for Writ of Habeas Corpus (ECF No. 1-1).
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IT IS FURTHER ORDERED that the FPD will have 30 days from the date of this
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order to file a notice of appearance, or to indicate to the Court its inability to represent
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the petitioner in this case.
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IT IS FURTHER ORDERED that the requirement that Petitioner pay the filing fee
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for this action or file an application to proceed in forma pauperis is suspended. The
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Court will set a deadline for payment of the filing fee or filing of an application to
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proceed in forma pauperis after counsel appears for the petitioner.
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IT IS FURTHER ORDERED that the Clerk of the Court is directed to add Aaron
Ford, Attorney General of the State of Nevada, as counsel for Respondents and to
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Case 3:21-cv-00327-RCJ-WGC Document 4 Filed 09/07/21 Page 3 of 3
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provide Respondents an electronic copy of all items previously filed in this case by
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regenerating the Notice of Electronic Filing to the office of the Attorney General only.
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IT IS FURTHER ORDERED that Respondents will have 30 days from the date of
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this order to appear in this action. Respondents will not be required to respond to the
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habeas petition at this time.
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IT IS FURTHER ORDERED that the Clerk of the Court is directed to correct the
docket to reflect that the petitioner’s name is Leon Washington, Jr.
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DATED THIS 7th day of September, 2021.
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ROBERT C. JONES,
UNITED STATES DISTRICT JUDGE
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