Lavoll v. Howell

6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * TERRANCE L. LAVOLL, Case No. 2:19-cv-02249-GMN-EJY 10 Petitioner, ORDER v. JERRY HOWELL, et al., Respondents.

16 28 U.S.C. § 2254 pro se habeas corpus petitioner Terrance L. Lavoll has filed a motion for appointment of counsel (ECF No. 11). The motion is granted.

18 There is no constitutional right to appointed counsel for a federal habeas corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 20 F.2d 425, 428 (9th Cir. 1993). The decision to appoint counsel is generally discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), cert. denied, 481 22 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 24 U.S. 838 (1984). However, counsel must be appointed if the complexities of the case are such that denial of counsel would amount to a denial of due process, and where the petitioner is a person of such limited education as to be incapable of fairly presenting his claims. See Chaney, 801 F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970). Here, it is unclear whether Lavoll has complex claims. Further, he is serving lengthy sentences. In order to ensure due process, the court grants Lavoll’s motion for counsel.

4 IT IS THEREFORE ORDERED that petitioner’s motion for appointment of counsel (ECF No. 11) is GRANTED.

IT IS FURTHER ORDERED that the Federal Public Defender for the District of Nevada (FPD) is appointed to represent petitioner.

IT IS FURTHER ORDERED that the Clerk electronically serve the FPD a copy of this order, together with a copy of the petition for writ of habeas corpus (ECF No. 5).

11 The FPD has 30 days from the date of entry of this order to file a notice of appearance or to indicate to the court its inability to represent petitioner in these proceedings.

IT IS FURTHER ORDERED that the briefing schedule set forth in ECF No. 9 is VACATED.

IT IS FURTHER ORDERED that after counsel has appeared for petitioner in this case, the court will issue a scheduling order, which will, among other things, set a deadline for the filing of an amended petition.

20 DATED: 30 June 2020.

GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE