Peterson v. Breitenbach ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 ROBERT DOUGLAS PETERSON, Case No. 3:24-cv-00274-ART-CSD 5 Petitioner, ORDER 6 v. 7 NETHANJAH BREITENBACH, et al., 8 Respondents. 9 10 This action is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. 11 § 2254, by Robert Douglas Peterson, an individual incarcerated at Nevada’s 12 Lovelock Correctional Center. On June 28, 2024, the Court received from 13 Peterson a pro se Petition for Writ of Habeas Corpus (ECF No. 1-1) and a Motion 14 for Appointment of Counsel (ECF No. 1-2). 15 Peterson has not paid the $5 filing fee for this action, and he has not filed 16 an Application to Proceed in Forma Pauperis. He will be required to do one or the 17 other. However, the Court will not set a deadline for Peterson to do so until after 18 appointed counsel appears for him. 19 Prisoners applying for habeas corpus relief are not entitled to appointed 20 counsel unless the circumstances indicate that appointed counsel is necessary 21 to prevent due process violations. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th 22 Cir. 1986) (citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam). 23 The court may, however, appoint counsel at any stage of the proceedings if the 24 interests of justice so require. See 18 U.S.C. § 3006A; see also Rule 8(c), Rules 25 Governing § 2254 Cases; Chaney, 801 F.2d at 1196. Peterson’s filings indicate 26 that this action may give rise to one or more complex procedural issues, and that 27 Peterson will not be able to litigate those pro se. The Court finds that 1 appointment of counsel is in the interests of justice. The Court will grant 2 Peterson’s Motion for Appointment of Counsel (ECF No. 1-2). 3 The Court has examined Peterson’s habeas petition, pursuant to Rule 4 of 4 the Rules Governing Section 2254 Cases in the United States District Courts and 5 determines that it merits service upon the respondents. The Court will order the 6 petition served upon the respondents, and will direct the respondents to appear, 7 but will not require any further action on their part at this time. 8 It is therefore ordered that the Clerk of the Court is directed to separately 9 file the Petition for Writ of Habeas Corpus (ECF No. 1-1), and the Motion for 10 Appointment of Counsel (ECF No. 1-2). 11 It is further ordered that Petitioner’s Motion for Appointment of Counsel 12 (ECF No. 1-2) is granted. The Federal Public Defender for the District of Nevada 13 (FPD) is appointed to represent the petitioner. If the FPD is unable to represent 14 the petitioner, because of a conflict of interest or for any other reason, alternate 15 counsel will be appointed. In either case, counsel will represent the petitioner in 16 all federal court proceedings relating to this matter, unless allowed to withdraw. 17 It is further ordered that the Clerk of the Court is directed to electronically 18 serve upon the FPD a copy of this order, together with a copy of the Petition for 19 Writ of Habeas Corpus (ECF No. 1-1). 20 It is further ordered that the FPD will have 30 days from the date of this 21 order to file a notice of appearance or to indicate to the Court its inability to 22 represent the petitioner in this case. 23 It is further ordered that the Clerk of the Court is directed to add Aaron 24 Ford, Attorney General of the State of Nevada, as counsel for Respondents and 25 to provide Respondents an electronic copy of all items previously filed in this 26 case by regenerating the Notice of Electronic Filing to the office of the Attorney 27 General only. 1 It is further ordered that the respondents will have 30 days from the date 2 || of this order to appear in this action. Respondents will not be required to respond 3 || to the habeas petition at this time. 4 DATED THIS 12t day of July 2024. 5 Ana jlosed Jer 6 ANNE R. TRAUM 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28