ROBERT C. JONES, District Judge.
This habeas action by a Nevada state inmate comes before the Court on petitioner's application (#1) to proceed in forma pauperis and motion (#1-2) for appointment of counsel, as well as for initial review under Rule 4 of the Rules Governing Section 2254 Cases. The pauper application will be granted as the financial documents do not reflect a current ability to pay the filing fee reasonably promptly.
The Court finds that appointment of counsel is in the interests of justice, considering, inter alia: (a) the sentence of life with the possibility of parole after ten years on one of the charges; (b) the number and complexity of the potential procedural and substantive issues; (c) the affidavit attached with the motion by an inmate law clerk attesting that petitioner is unable to read or write; and (d) the possibility that petitioner may have time remaining within the federal limitation period for federal habeas counsel to assert claims without relation back concerns prior to seeking other relief herein, subject to the reservation made herein that the Court makes no conclusive determination regarding the limitation period.
IT THEREFORE IS ORDERED that the application (#1) to proceed in forma pauperis is GRANTED such that petitioner shall not be required to pay the filing fee.
IT FURTHER IS ORDERED that the Clerk of Court shall file the petition
IT FURTHER IS ORDERED that the motion (#1-2) for appointment of counsel is GRANTED as per the remaining provisions below. The counsel appointed will represent petitioner in all proceedings related to this matter, including any appeals or certiorari proceedings, unless allowed to withdraw.
IT FURTHER IS ORDERED that the Federal Public Defender shall be provisionally appointed as counsel and shall have
IT FURTHER IS ORDERED, so that the respondents may be electronically served with any papers filed through counsel, that the Clerk shall add Attorney General Catherine Cortez Masto as counsel for respondents and shall make informal electronic service of this order upon respondents by directing a notice of electronic filing to her. Respondents' counsel shall enter a notice of appearance within
IT FURTHER IS ORDERED that counsel additionally shall send a hard copy of all state court record and related exhibits that are filed to, for this case, the
The Clerk accordingly shall SEND a copy of this order to the pro se petitioner (along with a copy of the papers that he submitted), the Nevada Attorney General, the Federal Public Defender, and the CJA Coordinator for this Division. The Clerk further shall regenerate notices of electronic filing of all prior filings herein to both the Nevada Attorney General and the Federal Public Defender.