JAMES C. MAHAN, 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 (#2) for appointment of counsel, as well as for initial review. The court finds that petitioner is unable to pay the filing fee within a reasonable period of time, and the pauper application therefore will be granted.
Following initial review, the court finds that appointment of counsel is in the interests of justice, considering, inter alia: (a) petitioner's claims pertaining to an alleged insanity defense at the time of the offense and to alleged incompetence at the time of his plea, which may require access to medical records not available to an inmate proceeding pro se; (b) the sentencing structure of two consecutive life sentences with the possibility of parole after five years on each sentence; (c) the number and complexity of the potential procedural and substantive issues; and (d) the possibility that petitioner may have approximately three-and-a-half months remaining within the federal limitation period at the time of filing for federal habeas counsel to assert claims without relation back concerns prior to seeking other relief herein. The motion for appointment of counsel therefore will be granted.
IT THEREFORE IS ORDERED that the application ( #1) to proceed in forma pauperis is GRANTED and 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 (#2) for appointment of counsel is GRANTED. 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 the state attorney general 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 state attorney general, and the federal public defender. The clerk further shall regenerate notices of electronic filing of all prior filings herein to both the state attorney general and federal public defender.