Opinion
3:12-cv-0541-LRH-WGC
01-28-2013
GEORGE MEAD, Petitioner, v. ROBERT LEGRAND, et al., Respondents.
ORDER
George Mead, a Nevada prisoner, has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254 (ECF No. 1-2 through 1-5,), a motion for leave to file longer than normal petition (ECF No. 1-1) and a motion to extend his prison copywork limit (ECF No. 1-7). The petition shall be filed and will now be served upon the respondents.
Petitioner also filed a motion for leave to proceed in forma pauperis (ECF No. 1), and a motion for appointment of counsel (ECF No. 1-6). The motion for leave to proceed in forma pauperis shall be granted because the 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.
There is no constitutional right to appointed counsel for a federal habeas corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The decision to appoint counsel is generally discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir. 1984). However, counsel must be appointed if the complexities of the case are such that denial of counsel would amount to a denial of due process, and where the petitioner is a person of such limited education as to be incapable of fairly presenting his claims. See Chaney, 801 F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970).
The petition on file in this action is well written and sufficiently clear in presenting the issues that petitioner wishes to bring. It does not appear that counsel is justified in this instance. The motion shall be denied.
Petitioner informs the court that he has "reached or exceeded" his $100 copywork limit and seeks additional funds in order to properly pursue these habeas proceedings. This motion shall be granted to the extent that the prison administration and staff shall be directed to allow petitioner an additional $25 in copywork funds to be used exclusively in this action.
IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (ECF No. 1) is GRANTED.
IT IS FURTHER ORDERED that the Motion to File a Longer Than Normal Petition (ECF No. 1-1) and the Motion to Extend Copywork (ECF No. 1-7) are GRANTED. The Clerk shall detach and file the Petition and other motions. The Clerk shall electronically SERVE a copy of the petition for writ of habeas corpus and other motions (and a copy of this order) upon respondents. Respondents shall provide a copy of this Order to the prison administration at the facility wherein petitioner is being housed. Prison administration shall allow petitioner an additional twenty five dollars ($25) in copywork to be used exclusively in this action.
IT IS FURTHER ORDERED that the Motion for Appointment of Counsel (ECF No. 1-6) is DENIED.
IT IS FURTHER ORDERED that the respondents shall file and serve a notice of appearance of counsel within ten days of service of this Order.
IT IS FURTHER ORDERED that respondents shall have forty-five days from entry of this Order to file and serve an answer or other response to the habeas corpus petition.
IT IS FURTHER ORDERED that, if respondents file a motion to dismiss in response to the habeas petition, petitioner shall have 30 days to respond to such motion, and respondents shall, thereafter, have 20 days to reply. If respondents file an answer in response to the Second Amended Petition, petitioner shall have 30 days to file a reply to the answer.
IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the Attorney General of the State of Nevada a copy of every document he submits for consideration by the Court. Petitioner shall include with the original paper submitted for filing a certificate stating the date that a true and correct copy of the document was mailed to the Attorney General. The Court may disregard any paper that does not include a certificate of service. After respondents appear in this action, petitioner shall make such service upon the particular Deputy Attorney General assigned to the case.
_______
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE