Rodriguez v. Hardy ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 JOSE ANTONIO RODRIGUEZ, Case No. 3:23-cv-00660-MMD-CLB 7 Petitioner, ORDER 8 v. 9 DAVID A. HARDY, et al., 10 Respondents. 11 12 This action is a petition for a writ of habeas corpus, under 28 U.S.C. § 2254, by 13 Jose Antonio Rodriguez, an individual incarcerated at the Northern Nevada Correctional 14 Center. Rodriguez has submitted, for filing, a petition for writ of habeas corpus (ECF No. 15 1-1), but he has not paid the filing fee or applied to proceed in forma pauperis, and he 16 has not filed a motion for appointment of counsel. 17 The Court has examined Rodriguez’s petition as mandated by Rule 4 of the Rules 18 Governing Section 2254 Cases in the United States District Courts and determines that 19 it merits service upon the Respondents. The Court will order the petition served upon the 20 Respondents, and will direct the Respondents to appear, but will not require any further 21 action on the part of Respondents at this time. 22 The Court will not set a deadline for Rodriguez to pay the $5 filing fee or apply for 23 in forma pauperis status after appointed counsel appears for him. 24 State prisoners applying for habeas corpus relief are not entitled to appointed 25 counsel unless the circumstances indicate that appointed counsel is necessary to prevent 26 due process violations. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) (citing 27 Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam)). The Court may, however, 1 || 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases; Chaney, 801 2 || F.2d at 1196. The Court determines that the interests of justice call for appointment of 3 || counsel in this case. The Court will, sua sponte, appoint the Federal Public Defender for 4 || the District of Nevada (“FPD”) to represent Rodriguez. 5 It is therefore ordered that the FPD is appointed to represent the Petitioner. If the 6 || FPD is unable to represent the Petitioner, because of a conflict of interest or any other 7 || reason, alternate counsel will be appointed. Counsel will represent Petitioner in all federal 8 || court proceedings relating to this matter, unless allowed to withdraw. 9 It is further ordered that the Clerk of the Court is directed to electronically serve 10 |} upon the FPD a copy of this order, together with a copy of the Petition for Writ of Habeas 11 || Corpus (ECF No. 1-1). 12 It is further ordered that the FPD will have 30 days from the date of this order to 13 || file a notice of appearance, or to indicate to the Court its inability to represent Petitioner 14 || in this case. 15 It is further ordered that the Clerk of the Court is directed to add Aaron Ford, 16 || Attorney General of the State of Nevada, as counsel for Respondents and to provide 17 || Respondents an electronic copy of all items previously filed in this case by regenerating 18 || the Notice of Electronic Filing to the office of the Attorney General only. 19 It is further ordered that Respondents will have 30 days from the date of this order 20 || to appear in this action. Respondents will not be required to respond to the habeas petition 21 || at this time. 22 DATED THIS 11* Day of January 2024. 24 25 CHIEF UN TED STATES DISTRICT JUDGE 26 27 28