Sean Ryan Tom v. State of Nevada, et al.

• Court: District Court, D. Nevada
• Decided: January 17, 2026
• Docket: 3:25-cv-00541
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 SEAN RYAN TOM, Case No. 3:25-cv-00541-ART-CLB 4 Petitioner, ORDER 5 v.

6 STATE OF NEVADA, et al.,

7 Respondents.

8 9 This action is a petition for a writ of habeas corpus under 28 U.S.C. 10 § 2254 brought by Sean Ryan Tom, a Nevada prisoner. The court has reviewed 11 Tom’s petition under Rule 4 of the Rules Governing Section 2254 Cases in the 12 United States District Courts and finds that it merits service upon the 13 respondents. With his petition, Tom also filed a motion for appointment of 14 counsel that the court grants for reasons that follow. Respondents are not 15 required respond to Tom’s initial petition because the court anticipates that, 16 with counsel, Tom will likely file an amended petition. 17 “Indigent state prisoners applying for habeas corpus relief are not entitled 18 to appointed counsel unless the circumstances of a particular case indicate that 19 appointed counsel is necessary to prevent due process violations.” Chaney v. 20 Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) (citing Kreiling v. Field, 431 F.2d 21 638, 640 (9th Cir. 1970) (per curiam). The court may, however, appoint counsel 22 at any stage of the proceedings “if the interests of justice so require.” See 18 23 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases. The 24 complexity of the issues and the severity of the sentence are relevant factors in 25 deciding whether the interests of justice warrant appointment of counsel. 26 Chaney, 801 F.2d at 1196. Here, Tom stands convicted of sexual assault of a 27 minor under sixteen years of age and is serving a sentence of 25 years to life. 28 ECF No. 5 at 2. It also appears likely that there will be relatively complex issues 1 to be addressed in this case that Tom may not be able to adequately litigate 2 without counsel. Thus, the court finds that appointment of counsel is in the 3 interests of justice. 4 IT IS THEREFORE ORDERED that Clerk is directed to ELECTRONICALLY 5 SERVE the petition for writ of habeas corpus (ECF No. 5) and a copy of this 6 order on the respondents. 7 IT IS FURTHER ORDERED that the Clerk shall add Aaron D. Ford, 8 Attorney General of the State of Nevada, as counsel for respondents, and 9 provide respondents an electronic copy of all items previously filed in this case 10 by regenerating the Notice of Electronic Filing to the office of the AG only. 11 IT IS FURTHER ORDERED that respondents shall have 20 days from the 12 date on which the petition is served upon them to appear in this action. 13 Respondents will not be required to respond to the habeas petition at this time. 14 IT IS FURTHER ORDERED that Clerk is directed to file Tom’s motion for 15 appointment of counsel (ECF No. 1-2) as an independent docket entry. The 16 motion for appointment of counsel is GRANTED. The Federal Public Defender 17 for the District of Nevada (FPD) is appointed to represent petitioner. If the FPD 18 is unable to represent the petitioner, due to a conflict of interest or other 19 reason, then alternate counsel will be appointed. In either case, counsel will 20 represent the petitioner in all federal-court proceedings relating to this matter, 21 unless allowed to withdraw. 22 IT IS FURTHER ORDERED that the Clerk shall ELECTRONICALLY 23 SERVE upon the FPD a copy of this order, together with a copy of the petition 24 for writ of habeas corpus. 25 IT IS FURTHER ORDERED that the FPD shall have 20 days from the date 26 of entry of this order to file a notice of appearance, or to indicate to the court its 27 inability to represent the petitioner in this case. 28 IT IS FURTHER ORDERED that the court will establish a schedule for 1 || further proceedings after counsel appear for the petitioner and the respondents. 2 DATED THIS 17+* day of January, 2026.

4 ANNE R. TRAUM 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28