Crawley v. Breitenbach ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 DAINE ANTON CRAWLEY, Case No. 3:24-cv-00252-ART-CLB 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 Daine Anton Crawley, an individual incarcerated at Nevada’s Lovelock 12 Correctional Center. On June 13, 2024, the Court received from Crawley an 13 Application to Proceed in Forma Pauperis (ECF No. 1), a pro se Petition for Writ 14 of Habeas Corpus (ECF No. 1-1) and two Motions for Appointment of Counsel 15 (ECF Nos. 1-2, 1-3). 16 The information provided by Crawley in the Application to Proceed in 17 Forma Pauperis (ECF No. 1) shows that he is able to pay the filing fee for this 18 action. The Court will, therefore, deny the application. However, the Court will 19 not set a deadline for Crawley to pay the $5 filing fee, or file a new Application to 20 Proceed in Forma Pauperis, until after appointed counsel appears for him. 21 Prisoners applying for habeas corpus relief are not entitled to appointed 22 counsel unless the circumstances indicate that appointed counsel is necessary 23 to prevent due process violations. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th 24 Cir. 1986) (citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam). 25 The court may, however, appoint counsel at any stage of the proceedings if the 26 interests of justice so require. See 18 U.S.C. § 3006A; see also Rule 8(c), Rules 27 Governing § 2254 Cases; Chaney, 801 F.2d at 1196. Crawley’s filings indicate 1 action pro se. The Court finds that appointment of counsel is in the interests of 2 justice. The Court will grant Crawley’s Motions for Appointment of Counsel (ECF 3 No. 1-2, 1-3). 4 The Court has examined Crawley’s habeas petition, pursuant to Rule 4 of 5 the Rules Governing Section 2254 Cases in the United States District Courts and 6 determines that it merits service upon the respondents. The Court will order the 7 petition served upon the respondents, and will direct the respondents to appear, 8 but will not require any further action on their part at this time. 9 It is therefore ordered that Petitioner’s Application to Proceed in Forma 10 Pauperis (ECF No. 1) is denied. 11 It is further ordered that the Clerk of the Court is directed to separately 12 file the Petition for Writ of Habeas Corpus (ECF No. 1-1), and the Motions for 13 Appointment of Counsel (ECF Nos. 1-2, 1-3). 14 It is further ordered that Petitioner’s Motions for Appointment of Counsel 15 (ECF Nos. 1-2, 1-3) are granted. The Federal Public Defender for the District of 16 Nevada (FPD) is appointed to represent the petitioner. If the FPD is unable to 17 represent the petitioner, because of a conflict of interest or for any other reason, 18 alternate counsel will be appointed. In either case, counsel will represent the 19 petitioner in all federal court proceedings relating to this matter, unless allowed 20 to withdraw. 21 It is further ordered that the Clerk of the Court is directed to electronically 22 serve upon the FPD a copy of this order, together with a copy of the Petition for 23 Writ of Habeas Corpus (ECF No. 1-1). 24 It is further ordered that the FPD will have 30 days from the date of this 25 order to file a notice of appearance or to indicate to the Court its inability to 26 represent the petitioner in this case. 27 It is further ordered that the Clerk of the Court is directed to add Aaron 1 || to provide Respondents an electronic copy of all items previously filed in this 2 || case by regenerating the Notice of Electronic Filing to the office of the Attorney 3 || General only. 4 It is further ordered that the respondents will have 30 days from the date 5 || of this order to appear in this action. Respondents will not be required to respond 6 || to the habeas petition at this time. 7 8 9 DATED THIS 2nd day of August 2024. 10 Aras plored Jen ANNER.TRAUM 42 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28