Washington v. Olson et al

Filing 4

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)

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Case 3:21-cv-00327-RCJ-WGC Document 4 Filed 09/07/21 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 LEON WASHINGTON, JR., 5 Petitioner, 6 Case No. 3:21-cv-00327-RCJ-WGC v. 7 8 ORDER KYLE OLSON, et al., Respondents. 9 10 11 On July 29, 2021, Leon Washington, who is incarcerated at the Lovelock 12 Correctional Center, in Lovelock, Nevada, submitted to this Court, for filing, a pro se 13 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 1-1) and a 14 motion for appointment of counsel (ECF No. 1-2). 15 Washington did not pay the filing fee for this action, and he did not file an 16 application to proceed in forma pauperis (he did file a financial certificate on August 5, 17 2021 (ECF No. 3)). The Court will, however, suspend the matter of the payment of the 18 filing fee or application to proceed in forma pauperis until after counsel appears for 19 Washington. 20 State prisoners applying for habeas corpus relief are not entitled to appointed 21 counsel unless the circumstances indicate that appointed counsel is necessary to 22 prevent due process violations. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) 23 (citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam). The court may, 24 however, appoint counsel at any stage of the proceedings if the interests of justice so 25 require. See 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases; 26 Chaney, 801 F.2d at 1196. It appears to the Court that Washington will not be able to 27 adequately litigate this action without counsel. The Court therefore finds that 28 appointment of counsel is in the interests of justice. The Court will grant Washington’s 1 Case 3:21-cv-00327-RCJ-WGC Document 4 Filed 09/07/21 Page 2 of 3 1 motion for appointment of counsel and will appoint the Federal Public Defender for the 2 District of Nevada (FPD) to represent him. 3 The Court has examined Washington’s petition pursuant to Rule 4 of the Rules 4 Governing Section 2254 Cases in the United States District Courts and determines that 5 it merits service upon the respondents. The Court will order the petition served upon the 6 respondents, and will direct the respondents to appear, but will not require any further 7 action on the part of the respondents at this time. 8 IT IS THEREFORE ORDERED that the Clerk of the Court is directed to 9 separately file the Petition for Writ of Habeas Corpus (ECF No. 1-1) and the Motion for 10 Appointment of Counsel (ECF No. 1-2). 11 IT IS FURTHER ORDERED that Petitioner’s Motion for Appointment of Counsel 12 (ECF No. 1-2) is granted. The Federal Public Defender for the District of Nevada (FPD) 13 is appointed to represent the petitioner. If the FPD is unable to represent the petitioner, 14 because of a conflict of interest or for any other reason, alternate counsel will be 15 appointed. In either case, counsel will represent the petitioner in all federal court 16 proceedings relating to this matter, unless allowed to withdraw. 17 IT IS FURTHER ORDERED that the Clerk of the Court is directed to 18 electronically serve upon the FPD a copy of this order, together with a copy of the 19 Petition for Writ of Habeas Corpus (ECF No. 1-1). 20 IT IS FURTHER ORDERED that the FPD will have 30 days from the date of this 21 order to file a notice of appearance, or to indicate to the Court its inability to represent 22 the petitioner in this case. 23 IT IS FURTHER ORDERED that the requirement that Petitioner pay the filing fee 24 for this action or file an application to proceed in forma pauperis is suspended. The 25 Court will set a deadline for payment of the filing fee or filing of an application to 26 proceed in forma pauperis after counsel appears for the petitioner. 27 28 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 2 Case 3:21-cv-00327-RCJ-WGC Document 4 Filed 09/07/21 Page 3 of 3 1 provide Respondents an electronic copy of all items previously filed in this case by 2 regenerating the Notice of Electronic Filing to the office of the Attorney General only. 3 IT IS FURTHER ORDERED that Respondents will have 30 days from the date of 4 this order to appear in this action. Respondents will not be required to respond to the 5 habeas petition at this time. 6 7 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. 8 9 DATED THIS 7th day of September, 2021. 10 11 ROBERT C. JONES, UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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