Simpson v. Baker ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 DERRICK SIMPSON, Case No. 2:19-cv-01943-RFB-VCF 5 Petitioner, v. ORDER 6 7 RENEE BAKER, et al., 8 Respondents. 9 10 11 This action is a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 12 § 2254 by Derrick Simpson, an individual incarcerated at Nevada’s Humboldt 13 Conservation Camp. On November 4, 2019, the Court received from Simpson a Petition 14 for Writ of Habeas Corpus (ECF No. 1) and motions for leave of Court to file his Petition 15 with additional pages attached to the form (ECF Nos. 2, 3). Simpson paid the filing fee for 16 this action (ECF No. 1-1). On November 21, 2019, Simpson filed a Motion for Appointment 17 of Counsel (ECF No. 6). 18 The Court has examined Simpson’s Petition, pursuant to Rule 4 of the Rules 19 Governing Section 2254 Cases in the United States District Courts, and the Court 20 determines that it merits service upon Respondents. The Court will order the Petition 21 served upon Respondents and will set a schedule for Respondents to appear and 22 respond to the Petition. 23 Simpson’s motions requesting leave of Court to file his petition with additional 24 pages attached to the form (ECF Nos. 2, 3) are unnecessary. His Petition has been filed. 25 Therefore, the Court will deny those motions as moot. 26 Regarding Simpson’s Motion for Appointment of Counsel, “[i]ndigent state 27 prisoners applying for habeas corpus relief are not entitled to appointed counsel unless 1 prevent due process violations.” Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) 2 (citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam)). The Court may, 3 however, appoint counsel at any stage of the proceedings “if the interests of justice so 4 require.” See 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases; 5 Chaney, 801 F.2d at 1196. The Court determines that appointment of counsel is 6 unwarranted in this case. The Motion for Appointment of Counsel is therefore denied. 7 Simpson names as a respondent the Humboldt Conservation Camp. A Notice of 8 Change of Address filed by Simpson on November 21, 2019 (ECF No. 5) indicates that 9 Simpson has been transferred to the Carlin Conservation Camp. The proper respondent 10 would be Renee Baker, who, the Court is informed, is the warden of both the Humboldt 11 Conservation Camp and the Carlin Conservation Camp. The Court construes Simpson’s 12 Petition as naming Renee Baker as the respondent warden. 13 IT IS THEREFORE ORDERED that, pursuant to Federal Rule of Civil Procedure 14 25(d), the Clerk of Court shall substitute Renee Baker for Humboldt Conservation Camp 15 as the respondent warden. 16 IT IS FURTHER ORDERED that the Clerk of Court shall add Aaron Ford, Attorney 17 General of the State of Nevada, as counsel for Respondents. 18 IT IS FURTHER ORDERED that the Clerk of Court shall electronically serve upon 19 Respondents a copy of the Petition for Writ of Habeas Corpus (ECF No. 1), and a copy 20 of this Order. 21 IT IS FURTHER ORDERED that Respondents will have thirty (30) days from the 22 date of this Order to appear in this action and ninety (90) days from the date of this Order 23 to answer or otherwise respond to the habeas Petition. 24 IT IS FURTHER ORDERED that Petitioner’s Motion for Leave to File (ECF No. 2) 25 and Motion for Leave to File Additional Pages (ECF No. 3) are DENIED as moot. 26 IT IS FURTHER ORDERED that, if Respondents file an Answer, Petitioner will 27 have sixty (60) days to file a Reply to the Answer. If Respondents file a Motion to Dismiss, 1 || Petitioner will have sixty (60) days to file a Response to the Motion to Dismiss, after which 2 || Respondents will have thirty (30) days to file a Reply to Petitioner's Response. 3 IT IS FURTHER ORDERED that Petitioner's Motion for Appointment of Counsel 4 || (ECF No. 6) is DENIED. 5 6 DATED THIS 13*" day of December, 2019. 7 M2 9 UNITED STA DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28