Ward v. Brietenbach

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3

4 JOSHUA ROY WARD, Case No. 3:25-cv-00254-ART-CSD

5 Petitioner, ORDER

6 v.

7 NETHANJAH BREITENBACH, et al.,

8 Respondents.

9 10 This action is a petition for writ of habeas corpus under 28 U.S.C. § 2254 11 by Joshua Roy Ward, an individual incarcerated at Nevada’s Lovelock 12 Correctional Center. On May 27, 2025, the Court received from Ward an 13 Application to Proceed in Forma Pauperis (ECF No. 1) and a pro se Petition for 14 Writ of Habeas Corpus (ECF No. 1-1). On May 29, 2025, the Court received a 15 financial certificate regarding Ward’s prison accounts. (ECF No. 4.) 16 The information in the financial certificate shows that Ward is able to pay 17 the $5 filing fee for this action. Therefore, the Court will deny Ward’s in forma 18 pauperis application and will require Ward to pay the filing fee. However, the 19 Court will not set a deadline for payment of the filing fee until after appointed 20 counsel appears for Ward. 21 The Court has examined Ward’s petition pursuant to Rule 4 of the Rules 22 Governing Section 2254 Cases in the United States District Courts and 23 determines that it merits service upon the respondents. The Court will order the 24 petition served upon the respondents and will order the respondents to appear, 25 but will not require any further action on the part of the respondents at this 26 time. 27 State prisoners not sentenced to death applying for habeas corpus relief 1 indicate that appointed counsel is necessary to prevent due process violations. 2 See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986) (citing Kreiling v. Field, 3 431 F.2d 638, 640 (9th Cir. 1970) (per curiam). The court may, however, appoint 4 counsel at any stage of the proceedings if the interests of justice so require. 18 5 U.S.C. § 3006A; see also Rule 8(c), Rules Governing § 2254 Cases; Chaney, 801 6 F.2d at 1196. Ward’s filings indicate that this action may be relatively complex, 7 and that Ward may not be able to litigate it pro se. Ward has not filed a motion 8 for appointment of counsel; however, the Court finds that the interests of justice 9 call for appointment of counsel. Therefore, the Court will appoint the Federal 10 Public Defender for the District of Nevada (FPD) to represent him. If Ward does 11 not wish to have appointed counsel, he may file a motion for reconsideration of 12 the appointment of counsel within 30 days of the entry of this order. 13 It is therefore ordered that Petitioner’s Application to Proceed in Forma 14 Pauperis (ECF No. 1) is denied. However, the requirement that Petitioner pay the 15 filing fee is suspended. The Court will set a deadline for Petitioner to pay the 16 filing fee after appointed counsel appears for him. 17 It is further ordered that the Clerk of the Court is directed to separately 18 file the Petition for Writ of Habeas Corpus (ECF No. 1-1). 19 It is further ordered that the Federal Public Defender for the District of 20 Nevada (FPD) is appointed to represent Petitioner. If the FPD is unable to 21 represent Petitioner, because of a conflict of interest or for any other reason, 22 alternate counsel will be appointed. In either case, counsel will represent 23 Petitioner in all federal court proceedings relating to this matter, unless allowed 24 to withdraw. 25 It is further ordered that, if Petitioner does not wish to have appointed 26 counsel in this case, he may file a motion for reconsideration of the appointment 27 within 30 days of the entry of this order. 1 It is further ordered that the Clerk of the Court is directed to electronically 2 || serve upon the FPD a copy of this order, together with a copy of the Petition for 3 || Writ of Habeas Corpus (ECF No. 1-1). 4 It is further ordered that the FPD will have 30 days from the date of this 5 || order to file a notice of appearance or to indicate to the Court its inability to 6 || represent Petitioner. 7 It is further ordered that the Clerk of the Court is directed to add Aaron 8 || Ford, Attorney General of the State of Nevada, as counsel for Respondents and 9 || to provide Respondents an electronic copy of all items previously filed in this 10 || case by regenerating the Notice of Electronic Filing to the office of the Attorney 11 || General only. 12 It is further ordered that Respondents will have 30 days from the date of 13 || this order to appear in this action. Respondents will not be required to respond 14 || to the habeas petition at this time. 15 DATED THIS 2nd day of June, 2025. 16 Ana . plod Iden 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28