Opinion
3:11-cv-00112-ECR-RAM.
February 17, 2011
ORDER
This action is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 by Robert Royce Byford, a Nevada prisoner under sentence of death. Byford filed a pro se habeas corpus petition (docket #1) on February 15, 2011. Petitioner paid the $5 filing fee for this action.
Despite the fact that he paid the $5 filing fee, petitioner also filed an Application to Proceed in Forma Pauperis (docket #2). In view of the information provided in that application, regarding his financial status, the court will grant Byford's motion in part and deny it in part. The court will not waive payment of the $5 filing fee, but will grant Byford leave to proceed in forma pauperis with respect to subsequent fees and costs.
In addition, Byford filed a motion for appointment of counsel (docket #3). Byford's application for leave to proceed in forma pauperis shows that he lacks the resources necessary to employ counsel for this capital habeas corpus action. Therefore, pursuant to 18 U.S.C. § 3599, and in the interests of justice, the Federal Public Defender for the District of Nevada (FPD) shall be appointed to represent Byford. If the FPD is unable to represent Byford, due to a conflict of interest or other reason, then alternate counsel will be located and appointed by the court. Byford's appointed counsel will represent him in all subsequent proceedings, pursuant to 18 U.S.C. § 3599(e), unless and until allowed to withdraw.
IT IS THEREFORE ORDERED that petitioner's Application to Proceed in Forma Pauperis (docket #2) is GRANTED IN PART AND DENIED IN PART. The Application to Proceed in Forma Pauperis is DENIED with respect to waiver of payment of the filing fee, but GRANTED with respect to subsequent fees and costs.
IT IS FURTHER ORDERED that petitioner's Motion for Appointment of Counsel (docket #3) is GRANTED. The Federal Public Defender for the District of Nevada is appointed to represent petitioner. The Federal Public Defender shall have 30 days from the date of entry of this order to undertake representation of petitioner or to indicate to the court its inability to represent petitioner in these proceedings.
IT IS FURTHER ORDERED that the Clerk of the Court shall SERVE a copy of this order on Michael Pescetta, Capital Habeas Division, Office of the Federal Public Defender, 411 East Bonneville Ave., Ste. 250, Las Vegas, NV 89101.
IT IS FURTHER ORDERED that the Clerk of the Court shall SERVE the respondents, by certified mail, with a copy of this order and a copy of the petition for writ of habeas corpus (docket #1).
IT IS FURTHER ORDERED that respondents' counsel shall file a notice of appearance of counsel within 30 days from the date of entry of this order. Respondents need not respond to the habeas corpus petition unless and until the court orders otherwise.
Dated this 16th day of February 2011.