Filed: Dec. 28, 2018
Latest Update: Dec. 28, 2018
Summary: Order Granting in Part Application to Proceed In Forma Pauperis and Appointing Counsel [ECF Nos 1, 4] JENNIFER A. DORSEY , District Judge . Petitioner Beau Maestas was sentenced to death after pleading guilty to several charges including first-degree murder. 1 He now petitions for a writ of habeas corpus. 2 I have reviewed his petition under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, and I find it worthy of service upon the respondents.
Summary: Order Granting in Part Application to Proceed In Forma Pauperis and Appointing Counsel [ECF Nos 1, 4] JENNIFER A. DORSEY , District Judge . Petitioner Beau Maestas was sentenced to death after pleading guilty to several charges including first-degree murder. 1 He now petitions for a writ of habeas corpus. 2 I have reviewed his petition under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, and I find it worthy of service upon the respondents. M..
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Order Granting in Part Application to Proceed In Forma Pauperis and Appointing Counsel
[ECF Nos 1, 4]
JENNIFER A. DORSEY, District Judge.
Petitioner Beau Maestas was sentenced to death after pleading guilty to several charges including first-degree murder.1 He now petitions for a writ of habeas corpus.2 I have reviewed his petition under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, and I find it worthy of service upon the respondents.
Maestas also filed an application for leave to proceed in forma pauperis3 and requests appointed counsel.4 His financial records show that he can pay the $5.00 filing fee, so I decline to waive the filing-fee requirement. It does appear, however, that Maestas lacks the resources necessary to employ counsel for this capital habeas corpus action, so I grant him pauper status for all other purposes in this case, and I appoint counsel to represent him.
Accordingly, IT IS HEREBY ORDERED that Maestas's application to proceed in forma pauperis [ECF No. 1] is GRANTED in part and DENIED in part. Maestas is granted leave to proceed in forma pauperis in all respects other than payment of the filing fee, which has already been paid.
IT IS FURTHER ORDERED that Maestas's motion for appointment of counsel [ECF No. 4] is GRANTED. The Federal Public Defender for the District of Nevada is appointed to represent Maestas. The Federal Public Defender will have until January 31, 2019, to file either a notice of appearance as counsel or a notice indicating its inability to represent Maestas in these proceedings.
The Clerk of Court is directed to electronically SERVE a copy of this order on the Federal Public Defender for the District of Nevada. The Clerk of Court is also directed to ADD Adam Paul Laxalt, Attorney General of the State of Nevada, as counsel for respondents.
Finally, the Clerk of Court is directed to electronically SERVE upon respondents a copy of Maestas's petition (ECF Nos. 2/3) and a copy of this order. Respondents have until January 31, 2019, to enter a notice of appearance, but no further action in this case is required until the Court orders otherwise.
