Nunnery v. Gittere

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA Eugene Nunnery, Case No.: 3:19-cv-00618-JAD-WGC 4 Petitioner Order Granting in Part Application to Proceed In Forma Pauperisand v. Appointing Counsel William Gittere,et al., [ECF Nos 1, 4] 7 Respondents 9 After a jury trial, petitioner Eugene Nunnerywas found guilty of multiple charges and sentenced to death for a first-degree murder conviction.1 He now petitions for a writ of habeas corpus.2 I have reviewed his petition under Rule 4 of the Rules Governing Section 2254Cases in the United States District Courts, and I find it worthy of service upon the respondents.

13 Nunneryalso filed an application for leave to proceed in forma pauperis3 and requests appointed counsel.4 His financial certificate is incomplete, so I decline to waive thefiling-fee requirement. It does appear, however, that Nunnerylacks the resources necessary to employ counsel for this capital habeas corpus action, so I grant him pauper status for all otherpurposes in this case, and I appoint counsel to represent him.

18 Accordingly, IT IS HEREBY ORDERED that Nunnery’s application to proceed in forma pauperis [ECF No. 1] is GRANTED in part and DENIED in part. Nunnery is granted leave to Nunnery v. State, 263 P.3d 235, 241 (Nev. 2011).

2 ECF No. 2.

23 3 ECF No. 1.

4 ECF No. 4. proceed in forma pauperis in all respects other than payment of the filing fee, which has already 2\| been paid.

3 IT IS FURTHER ORDERED that Nunnery’s motion for appointment of counsel [ECF 4|| No. 4] is GRANTED. The Federal Public Defender for the District of Nevada is appointed to 5|| represent Nunnery. The Federal Public Defender will have until November 12, 2019, to file 6]| either a notice of appearance as counsel or a notice indicating its inability to represent Nunnery these proceedings.

8 The Clerk of Court is directed to electronically SERVE a copy of this order on the Federal Public Defender for the District of Nevada. The Clerk of Court is also directed to 10], ADD Aaron D. Ford, Attorney General of the State of Nevada, as counsel for respondents.

11 Finally, the Clerk of Court is directed to electronically SERVE upon respondents a 12|| copy of Nunnery’s petition (ECF Nos. 2/3) and a copy of this order. Respondents have until 13]| November 12, 2019, to enter a notice of appearance, but no further action in this case is required until the Court orders otherwise.

15 Dated: October 10, 2019 U.S. DistricNludge Jen fees Dorsey