Adams v. Garrett

• Court: District Court, D. Nevada
• Decided: January 10, 2023
• Docket: 3:22-cv-00480
• Status: Unknown

Opinion

1 2 3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * * 6 EDWARD ADAMS, Case No. 3:22-cv-00480-MMD-CSD

7 Petitioner, ORDER

8 v. 9 GARRETT, et al., 10 Respondents. 11 12 Edward Adams has submitted a pro se 28 U.S.C. § 2254 petition for writ of habeas 13 corpus. He has now paid the filing fee. (See ECF No. 4.) The Court has reviewed the 14 petition pursuant to Habeas Rule 4, and it will be docketed and served on Respondents. 15 A petition for federal habeas corpus should include all claims for relief of which 16 Petitioner is aware. If Petitioner fails to include such a claim in his petition, he may be 17 forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C. 18 §2254(b) (successive petitions). If Petitioner is aware of any claim not included in his 19 petition, he should notify the Court of that as soon as possible, perhaps by means of a 20 motion to amend his petition to add the claim. 21 Adams has also submitted a motion for appointment of counsel. (ECF No. 1-2.) 22 There is no constitutional right to appointed counsel in a federal habeas corpus 23 proceeding. See Luna v. Kernan, 784 F.3d 640, 642 (9th Cir. 2015) (citing Lawrence v. 24 Florida, 549 U.S. 327, 336-37 (2007)). But an indigent petitioner may request appointed 25 counsel to pursue habeas relief. See 18 U.S.C. § 3006A(a)(2)(B). The decision to appoint 26 counsel is generally discretionary. See id. § 3006A(a)(2) (authorizing appointment of 27 counsel “when the interests of justice so require”). However, counsel is appropriate if the 1 || process, and where the petitioner is so uneducated that he is incapable of fairly presenting 2 || his claims. See LaMere v. Risley, 827 F.2d 622, 626 (9th Cir. 1987); Brown v. Unitea 3 || States, 623 F.2d 54, 61 (9th Cir. 1980). Adams states he was convicted of kidnapping, 4 || battery, and six counts of sexual assault and sentenced to nine consecutive terms that 5 || amount to 80 years to life in prison. (ECF No. 1-1 at 2.) It appears that some of his claims 6 || may be complex. The Court will therefore appoint counsel in order to ensure due process. 7 It is therefore ordered that the Clerk of Court detach, file, and electronically serve 8 || the petition (ECF No. 1-1) on Respondents. 9 It is further ordered that the Clerk of Court add Aaron D. Ford, Nevada Attorney 10 || General, as counsel for Respondents and provide Respondents an electronic copy of all 11 || items previously filed in this case by regenerating the Notice of Electronic Filing to the 12 || office of the AG only. 13 It is further ordered that the Clerk of Court detach and file Petitioner’s motion for 14 || appointment of counsel. (ECF No. 1-2.) 15 It is further ordered that Petitioner's motion for appointment of counsel (ECF No. 16 || 1-2) is granted. 17 It is further ordered that the Federal Public Defender for the District of Nevada 18 || (“FPD”) is appointed to represent Petitioner. 19 It is further ordered that the Clerk of Court electronically serve the FPD a copy of 20 || this order, together with a copy of the petition for writ of habeas corpus. (ECF No. 1-1.) 21 || The FPD has 30 days from the date of entry of this order to file a notice of appearance or 22 || to indicate to the Court its inability to represent Petitioner in these proceedings. 23 It is further ordered that after counsel has appeared for Petitioner in this case, the 24 || Court will issue a scheduling order, which will, among other things, set a deadline for the 25 || filing of an amended petition. 26 DATED THIS 10° Day of January = 1D — 27 MIRANDA M. DU 28 CHIEF UNITED STATES DISTRICT JUDGE