Moore v. Reubart

• Court: District Court, D. Nevada
• Decided: July 29, 2025
• Docket: 2:25-cv-01223
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 Valerie Moore, Case No. 2:25-cv-01223-CDS-NJK

4 Petitioner Order Granting Petitioner’s Motion for Extension of Time and Motion for 5 v. Appointment of Counsel

6 William Reubart, et al., [ECF Nos. 4, 5] 7 Respondents

9 On July 7, 2025, petitioner Valerie Moore filed a petition for writ of habeas corpus under 10 28 U.S.C. § 2254 and moved for leave to proceed in forma pauperis (“IFP”). ECF Nos. 1, 1-1. I granted 11 the motion for leave to proceed IFP, and, following an initial review of the petition, instructed 12 Moore to show cause why her petition should not be dismissed with prejudice as time barred. 13 ECF No. 3. In response, Moore has moved for the appointment of counsel and for an extension of 14 time to respond to the order to show cause, explaining that she needs the assistance of counsel to 15 help in responding to the order to show cause. ECF Nos. 4, 5. 16 There is no constitutional right to appointed counsel for a federal habeas corpus 17 proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Luna v. Kernan, 784 F.3d 640, 642 (9th Cir. 18 2015) (citing Lawrence v. Florida, 549 U.S. 327, 336–37 (2007)). An indigent petitioner may request 19 appointed counsel to pursue that relief. 18 U.S.C. § 3006A(a)(2)(B). The decision to appoint 20 counsel is generally discretionary. Id. (authorizing appointed counsel when “the interests of 21 justice so require”). However, counsel must be appointed if the complexities of the case are such 22 that denial of counsel would amount to a denial of due process, and where the petitioner is a 23 person of such limited education as to be incapable of fairly presenting his claims. LaMere v. Risley, 24 827 F.2d 622, 626 (9th Cir. 1987); Brown v. United States, 623 F.2d 54, 61 (9th Cir. 1980). 25 I provisionally appoint the Federal Public Defender to represent Moore. I find that the 26 appointment of counsel is in the interests of justice given, among other things, Moore’s twelve 1||consecutive life-without-the-possibility-of-parole sentences, her claim of actual innocence, her 2 psychological deficiencies!, and the procedural status of this case, namely, Moore’s lack of 3 state postconviction review to assess her counsel’s effectiveness. 4 It is therefore ordered that the motion for extension of time and motion for appointment 5 counsel [ECF Nos. 4, 5] are granted. 6 It is further ordered that the Federal Public Defender is provisionally appointed as 7 ||counsel and will have 30 days to (1) undertake direct representation of Moore by filing a notice of 8 || appearance or (2) indicate the office’s inability to represent Moore in these proceedings. If the 9 || Federal Public Defender is unable to represent Moore, the Court will appoint alternate counsel. 10 || Appointed counsel will represent Moore in all federal proceedings related to this matter, 11 including any appeals or certiorari proceedings, unless allowed to withdraw. 12 It is further ordered that Moore’s deadline for responding to the order to show cause is 13 |] vacated. A new deadline will be set after counsel has entered an appearance. 14 It is further kindly ordered that the Clerk of Court (1) file the petition (ECF No. 1-1), (2) 15 Aaron Ford, Attorney General of the State of Nevada, as counsel for respondents, (3) 16 ||electronically serve respondents’ counsel a copy of the petition (ECF No. 1-1), (4) electronically 17 provide respondents’ counsel a copy of this order and copies of all items previously filed in this 18 || case by regenerating the Notices of Electronic Filing, (5) electronically provide the Federal Public 19 || Defender a copy of this order and copies of all items previously filed in this case by regenerating 20 ||the Notices of Electronic Filing, and (6) send a copy of this order to Moore and the CJA 21 || Coordinator for this division. 22 It is further ordered that respondents’ counsel enter a notice of appearance by August 19, 23 || 2025. No further response will be required until further order } 24 Dated: July 29, 2025 LZ

25 L —<$—<=_ Cristina D/Silva 26 Unite states District Judge 1 See ECF No. 1-Lat 6, ‘

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