Opinion
Case No. 2:11-CV-01058-JCM-(CWH)
08-26-2011
KASHARD OMAR BROWN, Petitioner, v. BRIAN E. WILLIAMS, et al., Respondents.
ORDER
Petitioner, through a special appearance by counsel appointed for him in post-conviction proceedings in state court, has submitted a petition for writ of habeas corpus (#1) and a motion for appointment of counsel (#20). Petitioner is unable to afford counsel, and most issues presented warrant the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B).
Ground 8 is a claim of errors in the state post-conviction proceedings. These errors are not addressable in federal habeas corpus. Franzen v. Brinkman, 877 F.2d 26, 26 (9th Cir. 1989). The court will not dismiss ground 8 now because an amended petition, if new counsel chooses to file one, would supersede the original petition.
IT IS THEREFORE ORDERED that the clerk of the court file the petition.
IT IS FURTHER ORDERED that petitioner's motion for appointment of counsel (#20) is GRANTED. The Federal Public Defender is provisionally appointed to represent petitioner.
IT IS FURTHER ORDERED that the Federal Public Defender shall have thirty (30) days from the date that this order is entered to undertake direct representation of petitioner or to indicate to the court his inability to represent petitioner in these proceedings. If the Federal Public Defender does undertake representation of petitioner, he shall then have sixty (60) days to file an amended petition for a writ of habeas corpus. If the Federal Public Defender is unable to represent petitioner, then the court shall appoint alternate counsel.
IT IS FURTHER ORDERED that the clerk shall add Catherine Cortez Masto, Attorney General for the State of Nevada, as counsel for respondents.
IT IS FURTHER ORDERED that the clerk shall electronically serve both the Attorney General of the State of Nevada and the Federal Public Defender a copy of the petition (#1) and a copy of this order.
JAMES C. MAHAN
United States District Judge