Sandefur v. Frazier

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 BRADLEY SANDEFUR, Case No. 3:21-cv-00125-MMD-WGC

7 Petitioner, ORDER

8 v.

9 KYLE OLSEN, et al.,

10 Respondents.

11 12 This action is a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, 13 by Petitioner Bradley Sandefur, an individual incarcerated at Nevada’s Warm Springs 14 Correctional Center. The Court received Sandefur’s petition for writ of habeas corpus 15 (ECF No. 1-1) and a motion for appointment of counsel (ECF No. 1-2) on March 12, 2021. 16 Sandefur paid the filing fee for this action on June 15, 2021 (ECF No. 8). 17 The Court has examined Sandefur’s petition, pursuant to Rule 4 of the Rules 18 Governing Section 2254 Cases in the United States District Courts, and the Court 19 determines that it merits service upon the Respondents. The Court will order the petition 20 served upon Respondents and will set a schedule for Respondents to appear and 21 respond to the petition. 22 “Indigent state prisoners applying for habeas corpus relief are not entitled to 23 appointed counsel unless the circumstances of a particular case indicate that appointed 24 counsel is necessary to prevent due process violations.” Chaney v. Lewis, 801 F.2d 1191, 25 1196 (9th Cir. 1986) (citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970) (per 26 curiam). The court may, however, appoint counsel at any stage of the proceedings “if the 27 interests of justice so require.” See 18 U.S.C. § 3006A; see also Rule 8(c), Rules 1 || appointment of counsel is unwarranted in this case. The motion for appointment of 2 || counsel will be denied. 3 It is therefore ordered that the Clerk of the Court is directed to separately file the 4 || petition for writ of habeas corpus (ECF No. 1-1) and the motion for appointment of counsel 5 || (ECF No. 1-2). 6 It is further ordered that Sandefur’s motion for appointment of counsel (ECF No. 1- 7 || 2) is denied. 8 It is further ordered that the Clerk of the Court is directed to add Aaron Ford, 9 || Attorney General of the State of Nevada, as counsel for Respondents and to provide 10 || Respondents an electronic copy of all items previously filed in this case by regenerating 11 || the Notice of Electronic Filing to the office of the Attorney General only. 12 It is further ordered that Respondents will have 30 days from the date of this Order 13 || to appear in this action, and Respondents will have 90 days from the date of this Order 14 || to answer or otherwise respond to the habeas petition. 15 It is further ordered that if Respondents file an answer, Sandefur will have 60 days 16 || to file a reply to the answer. If Respondents file a motion to dismiss, Sandefur will have 17 || 60 days to file a response to the motion to dismiss, and then Respondents will have 30 18 || days to file a reply to Sandefur’s response. 19 DATED THIS 2" Day of July 2021. 20 Cf. {SQ 22 UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28