Goodrum v. Northern Nevada Correctional Center

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3

4 MITCHELL KEITH GOODRUM, Case No. 3:25-cv-00414-ART-CLB

5 Petitioner, ORDER

6 v.

7 JOHN HENLEY, et al.,

8 Respondents.

9 10 This action is a petition for writ of habeas corpus under 28 U.S.C. § 2254 11 by Mitchell Keith Goodrum, an individual incarcerated at the Northern Nevada 12 Correctional Center. Goodrum initiated this action on August 8, 2025, by 13 submitting for filing a petition for writ of habeas corpus and supporting exhibits. 14 (ECF No. 1.) On August 20, 2025, Goodrum filed a motion for appointment of 15 counsel. (ECF No. 4.) 16 Goodrum has not paid the filing fee for this action, and he has not filed an 17 application to proceed in forma pauperis. The Court will set a deadline for 18 Goodrum to pay the filing fee or file an application to proceed in forma pauperis 19 after appointed counsel appears for him. 20 The Court has examined Goodrum’s habeas petition pursuant to Rule 4 of 21 the Rules Governing Section 2254 Cases in the United States District Courts and 22 determines that it merits service upon the respondents. The Court will order the 23 petition served upon the respondents and will order the respondents to appear, 24 but will not require any further action on the part of the respondents at this 25 time. 26 State prisoners not sentenced to death petitioning for habeas corpus relief 27 in federal court are not entitled to appointed counsel unless the circumstances 1 See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) (citing Kreiling v. Field, 2 431 F.2d 638, 640 (9th Cir. 1970) (per curiam). The court may, however, appoint 3 counsel at any stage of the proceedings if the interests of justice so require. 18 4 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases; Chaney, 801 5 F.2d at 1196. Goodrum’s filings indicate that this action may be relatively 6 complex, and that he may not be able to litigate it pro se. The Court finds that 7 the interests of justice call for appointment of counsel. Therefore, the Court will 8 grant Goodrum’s motion for appointment of counsel and will appoint the Federal 9 Public Defender for the District of Nevada (FPD) to represent Goodrum. 10 It is therefore ordered that the requirement that Petitioner pay the filing 11 fee, or file an application to proceed in forma pauperis, is suspended. The Court 12 will set a deadline for Petitioner to do one or the other after appointed counsel 13 appears for him. 14 It is further ordered that Petitioner’s Motion for Appointment of Counsel 15 (ECF No. 4) is granted. The Federal Public Defender for the District of Nevada 16 (FPD) is appointed to represent Petitioner. If the FPD is unable to represent 17 Petitioner, because of a conflict of interest or for any other reason, alternate 18 counsel will be appointed. In either case, counsel will represent Petitioner in all 19 federal court proceedings relating to this matter, unless allowed to withdraw. 20 It is further ordered that the Clerk of the Court is directed to electronically 21 serve upon the FPD a copy of this order, together with a copy of the Petition for 22 Writ of Habeas Corpus (ECF No. 1-1). 23 It is further ordered that the FPD will have 30 days from the date of this 24 order to file a notice of appearance or to indicate to the Court its inability to 25 represent Petitioner. 26 It is further ordered that the Clerk of the Court is directed to add Aaron 27 Ford, Attorney General of the State of Nevada, as counsel for Respondents and 1 || case by regenerating the Notice of Electronic Filing to the office of the Attorney 2 || General only. 3 It is further ordered that Respondents will have 30 days from the date of 4 || this order to appear in this action. Respondents will not be required to respond 5 || to the habeas petition at this time. 6 DATED THIS 22nd day of August, 2025. 7 As □ losed Jer 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28