Gregory Ganci v. John Henley, et al.

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Case No. 3:25-cv-00672-MMD-CSD ORDER 7 Petitioner,

8 v.

9 JOHN HENLEY, et al.,

10 Respondents.

11 12 This action is a petition for a writ of habeas corpus, under 28 U.S.C. § 2254, by 13 Gregory Ganci, an individual incarcerated at the Northern Nevada Correctional Center. 14 Ganci, acting pro se, has filed a petition for writ of habeas corpus (ECF No. 1) and a 15 motion for appointment of counsel (ECF No. 1-1). Ganci has paid the filing fee for this 16 action. (ECF No. 1.) 17 The Court has examined Ganci’s petition as mandated by Rule 4 of the Rules 18 Governing Section 2254 Cases in the United States District Courts and determines that 19 it merits service upon the Respondents. The Court will order the petition served upon the 20 Respondents and will direct the Respondents to appear but will not require any further 21 action on the part of Respondents at this time. 22 State prisoners applying for habeas corpus relief are not entitled to appointed 23 counsel unless the circumstances indicate that appointed counsel is necessary to prevent 24 due process violations. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) (citing 25 Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per curiam)). The Court may, however, 26 appoint counsel at any stage of the proceedings if the interests of justice so require. See 27 18 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases; Chaney, 801 1 F.2d at 1196. The Court determines that the interests of justice call for appointment of 2 counsel in this case. The Court will grant Ganci’s motion for appointment of counsel and 3 will appoint the Federal Public Defender for the District of Nevada (“FPD”) to represent 4 Ganci. 5 It is therefore ordered that the Clerk of the Court is directed to separately file 6 Petitioner’s Motion for Appointment of Counsel (ECF No. 1-1). 7 It is further ordered that Petitioner’s Motion for Appointment of Counsel (ECF No. 8 1-1) is granted. The Federal Public Defender for the District of Nevada is appointed to 9 represent the Petitioner. If the FPD is unable to represent the Petitioner because of a 10 conflict of interest or other reason, alternate counsel will be appointed. Counsel will 11 represent Petitioner in all federal court proceedings relating to this matter unless allowed 12 to withdraw. 13 It is further ordered that the Clerk of the Court is directed to electronically serve 14 upon the FPD a copy of this Order together with a copy of the Petition for Writ of Habeas 15 Corpus (ECF No. 1). 16 It is further ordered that the FPD will have 30 days from the date of entry of this 17 Order to file a notice of appearance or to indicate to the Court its inability to represent the 18 Petitioner in this case. 19 It is further ordered that the Clerk of the Court is directed to add Aaron Ford, 20 Attorney General of the State of Nevada, as counsel for Respondents and to provide 21 Respondents an electronic copy of all items previously filed in this case by regenerating 22 the Notice of Electronic Filing to the Office of the Attorney General only. 23 /// 24 /// 25 /// 26 /// 27 2 1 It is further ordered that Respondents will have 30 days from the date of entry of 2 || this Order to appear in this action. Respondents will not be required to respond to the 3 || habeas petition at this time. 4 DATED THIS 3 Day of December 2025. 5

7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28