Jarvis Allen Aragon v. Terry Royal, et al.
Jarvis Allen Aragon v. Terry Royal, et al.
Trial Court Opinion
1
2
3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
5 * * *
6 JARVIS ALLEN ARAGON, Case No. 3:25-cv-00456-MMD-CSD
7 Petitioner, ORDER v. 8
9 TERRY ROYAL, et al.,
10 Respondents.
11 12 On or about August 27, 2025, pro se Petitioner Jarvis Allen Aragon commenced 13 this federal habeas action by filing a Petition for Writ of Habeas Corpus under 28 U.S.C. 14 § 2254. (ECF No. 4 (“Petition”).) The Court screened the Petition and ordered that it be 15 served on Respondents. (ECF No. 3.) Aragon has now moved for the appointment of 16 counsel. (ECF No. 6 (“Motion”).) 17 There is no constitutional right to appointed counsel for a federal habeas corpus 18 proceeding. See Pennsylvania v. Finley,
481 U.S. 551, 555(1987); Bonin v. Vasquez, 19
999 F.2d 425, 428(9th Cir. 1993). The decision to appoint counsel is generally 20 discretionary. See Chaney v. Lewis,
801 F.2d 1191, 1196(9th Cir. 1986), cert. denied, 21
481 U.S. 1023(1987); Bashor v. Risley,
730 F.2d 1228, 1234(9th Cir.), cert. denied, 469
22 U.S. 838(1984). However, counsel must be appointed if the complexities of the case are 23 such that denial of counsel would amount to a denial of due process, and where the 24 petitioner is a person of such limited education as to be incapable of fairly presenting his 25 claims. See Chaney,
801 F.2d at 1196; see also Hawkins v. Bennett,
423 F.2d 948(8th 26 Cir. 1970). 27 Aragon’s Petition is sufficiently clear, and the issues are not especially complex. 1 || information regarding his inability to fairly present his claims. Rather, Aragon’s Petition is 2 || thorough and well-written, and he does not indicate that another inmate wrote it on his 3 || behalf. Therefore, the Court concludes that counsel is not justified in this case. 4 It is therefore ordered that the Motion (ECF No. 6) is denied. 5 It is further ordered that the Court’s Scheduling Order (ECF No. 3) is amended, in 6 || part. Courtesy copies of the responsive pleadings, motions, and exhibit indices shall not 7 || be provided. The remainder of the Scheduling Order remains in effect. 8 DATED THIS 18'" Day of December 2025
10 MIRANDA M. DU 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
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