Opinion
3:09-cv-00316-ECR-RAM.
April 22, 2010
ORDER
The petitioner has presented the Court with an amended motion for appointment of counsel (docket #6), a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (received June 15, 2009) and an application to proceed in forma pauperis (#1 and #5).
The petitioner's application to proceed in forma pauperis, including the financial certificate, establishes that the petitioner qualifies for in forma pauperis status. He shall be granted leave to proceed in forma pauperis, and shall not be required to pay the filing fee for his habeas corpus petition. The motions and the petition will be ordered filed and docketed.
The Court will grant petitioner's Motion for Appointment of Counsel. The petition filed in this action includes 2 claims raising issues of petitioner's intellectual functioning in relation to a guilty plea. Furthermore, petitioner faces a lengthy sentence — two consecutive terms of ten years to life for second degree murder.
Therefore, the Federal Public Defender for the District of Nevada (FPD) shall be appointed to represent petitioner. If the FPD is unable to represent petitioner, due to a conflict of interest or other reason, then alternate counsel for petitioner shall be located, and the Court will enter a separate order appointing such alternate counsel. In either case, counsel will represent petitioner in all future federal proceedings relating to this matter (including subsequent actions) and appeals therefrom, unless allowed to withdraw.
IT IS THEREFORE ORDERED that petitioner's application to proceed in forma pauperis (docket #5) is GRANTED. Petitioner shall not be required to pay a filing fee to file his habeas corpus petition. The Clerk shall file the petition, which shall be served ELECTRONICALLY upon respondents.
IT IS FURTHER ORDERED that petitioner's amended Motion for Appointment of Counsel (docket #6) is GRANTED. Counsel shall be appointed to represent petitioner.
IT IS FURTHER ORDERED that the Clerk shall SEND the Federal Public Defender for the District of Nevada (FPD) a copy of this Order, together with a copy of the petition for writ of habeas corpus and its attachments (docket #2). The FPD shall have thirty (30) days from the date of entry of this Order to undertake direct representation of petitioner or to indicate to the Court its inability to represent petitioner in these proceedings.
IT IS FURTHER ORDERED that the Clerk shall RESUBMIT this case to the Court after the FPD has appeared as counsel for petitioner, after the FPD has indicated its inability to represent petitioner, or after thirty (30) days from the entry of this Order, whichever occurs first.
IT IS FURTHER ORDERED that, after counsel has appeared for petitioner in this case, the Court will issue a scheduling order, which will, among other things, set a deadline for the filing of a First Amended Petition.
Dated this 22nd day of April, 2010.