Altheide v. State of Nevada

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA JASON ARTHUR ALTHEIDE, Case No.: 2:19-cv-02245-JAD-BNW 4 Petitioner Order Granting Motion v. for Court-Appointed Counsel and Denying Other Motions STATE OF NEVADA, et al., 7 Respondents ECF Nos. 16, 27, 29, 30, 31 9 Pro se petitioner Jason Altheide moves the court to appoint an attorney to represent him in this 28 U.S.C. § 2254 habeas case.1 There is no constitutional right to appointed counsel for a federal habeas corpus proceeding,2 but the court must appoint an attorney if (1) a case is so complex denying counsel would deny due process or (2) the petitioner’s education is so limited that he is incapable of fairly presenting his claims.3 Although it is currently unclear whether some of the legal issues Altheide wishes to raise are complex, he is serving a life sentence without the possibility of parole. Respondents also state that Altheide has a fourth state postconviction habeas corpus petition pending.4 Therefore, to ensure due process, I find that this case is sufficiently complex and I grant Altheide’s motion for counsel.

20 1 ECF No. 31.

2 Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir. 1993).

22 3 Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), cert. denied, 481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984); Hawkins v. Bennett, 423 F.2d 948 (8th Cir. 1970).

4 See Nevada Supreme Court Case No. 80733.

1 IT IS THEREFORE ORDERED that petitioner’s motion for appointment of counsel 2|| [ECF No. 31] is GRANTED. The Federal Public Defender for the District of Nevada (FPD) is appointed to represent petitioner. Once counsel has entered an appearance in this case, the court will issue a scheduling order that will, among other things, set a deadline for counsel to file an amended petition.

6 The Clerk of Court is directed to ELECTRONICALLY SERVE the FPD a copy of this order and the petition for writ of habeas corpus [ECF No. 4]. The FPD has 30 days from the date 8|| 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.

10 IT IS FURTHER ORDERED that respondents’ motion to dismiss [ECF No. 16] is 11] DENIED without prejudice.

12 IT IS FURTHER ORDERED that petitioner’s motions of notice re: re-filing, to 13] supplement, and to dismiss unexhausted aspects of original petition [ECF Nos. 27, 29, 30] are 14! all DENIED as moot.

15 Dated: August 31, 2020 — Jennifer A~Porsey 17 United States District Judge