Campbell v. Williams

Opinion

6 UNITED STATES DISTRICT COURT

7 DISTRICT OF NEVADA

8 * * *

9 DAVEYON CAMPBELL, Case No. 2:19-cv-01374-GMN-EJY

10 Petitioner, ORDER v. 11 WARDEN BRIAN WILLIAMS, et al., 12 Respondents. 13 Petitioner Daveyon Campbell has submitted a pro se petition for writ of habeas 14 corpus pursuant to 28 U.S.C. § 2254 and has now paid the filing fee (ECF Nos. 1-1, 4). 15 16 He also responded to this court’s show-cause order regarding whether the petition is 17 timely (see ECF Nos. 5, 6). In light of Campbell’s response, the court has reviewed the 18 petition pursuant to Habeas Rule 4, and it shall be docketed and served on 19 respondents. 20 A petition for federal habeas corpus should include all claims for relief of which 21 petitioner is aware. If petitioner fails to include such a claim in his petition, he may be 22 forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C. 23 24 §2254(b) (successive petitions). If petitioner is aware of any claim not included in his 25 petition, he should notify the court of that as soon as possible, perhaps by means of a 26 motion to amend his petition to add the claim. 27 1 Petitioner has also submitted a motion for appointment of counsel (ECF No. 1-2). 2 There is no constitutional right to appointed counsel for a federal habeas corpus 3 proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 4 F.2d 425, 428 (9th Cir.1993). The decision to appoint counsel is generally 5 discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.1986), cert. denied, 481 6 7 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 8 U.S. 838 (1984). However, counsel must be appointed if the complexities of the case 9 are such that denial of counsel would amount to a denial of due process, and where the 10 petitioner is a person of such limited education as to be incapable of fairly presenting his 11 claims. See Chaney, 801 F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th 12 Cir.1970). Here, it appears that Campbell is serving a 30-60-year term and that his 13 mental health at the time he entered into the guilty plea agreement may be at issue. 14 15 Therefore, to ensure due process, Campbell’s motion for counsel is granted. 16 IT IS THEREFORE ORDERED that the Clerk shall file and ELECTRONICALLY 17 SERVE the petition (ECF No. 1-1) on the respondents. 18 IT IS FURTHER ORDERED that the Clerk shall add Aaron D. Ford, Nevada 19 Attorney General, as counsel for respondents. 20 IT IS FURTHER ORDERED that the Clerk shall detach and file petitioner’s 21 motion for appointment of counsel (ECF No. 1-2) 22 23 IT IS FURTHER ORDERED that the motion for appointment of counsel is 24 GRANTED. 25 IT IS FURTHER ORDERED that the Federal Public Defender for the District of 26 Nevada (FPD) is appointed to represent petitioner. 27 1 IT IS FURTHER ORDERED that the Clerk shall ELECTRONICALLY SERVE the 2 FPD a copy of this order, together with a copy of the petition for writ of habeas corpus 3 (ECF No. 1-1). The FPD shall have 30 days from the date of entry of this order to file a 4 notice of appearance or to indicate to the court its inability to represent petitioner in 5 these proceedings. 6 7 IT IS FURTHER ORDERED that after counsel has appeared for petitioner in this 8 case, the court will issue a scheduling order, which will, among other things, set a 9 deadline for the filing of an amended petition. 10

12 DATED: 9 January 2020. 13

14 GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27