United States District Court, D. Nevada
RICHARD F. BOULWARE, II United States District Judge.
habeas action by a state inmate in custody in Nevada comes
before the Court for initial review as well as on
petitioner's motion (ECF No. 3) for appointment of
counsel, motion (ECF No. 4) for leave to submit a memorandum
in support of petition, and motion (ECF No. 6) to expedite
response. The filing fee has been paid.
Richard Lee Carmichael challenges a prison disciplinary
conviction that he alleges resulted in, inter alia,
a loss of six months of statutory good time sentence credit,
prolonging the duration of his confinement.
the record does not contain copies of all potentially
relevant documents, petitioner's papers and the available
online docket records of the state appellate courts reflect
the following procedural history.
was found guilty at a prison disciplinary hearing on
September 22, 2013, of unauthorized use of equipment or mail
and possession or sale of intoxicants. On December 11, 2013,
he received a partial denial of his first level
administrative appeal. On April 7, 2014, he received a denial
of his second level administrative appeal.
37 days had passed, on May 14, 2014, petitioner filed a state
habeas petition in state district court. District court and
thereafter appellate proceedings on the petition were pending
continuously through to the June 16, 2015, issuance of the
remittitur by the Supreme Court of Nevada, in No. 67223 in
point during the period from May 16, 2016, through May 19,
2016, petitioner delivered the federal petition in this
matter to the prison internal legal mailing system for
mailing to the Clerk of this Court. Petitioner did not state
the date of mailing in response to the inquiry on the first
page of the petition form. The petition is dated May 16,
2016, on the signature page. The mailing envelope is
postmarked Thursday, May 19, 2016.
federal petition accordingly was constructively filed from
334 to 337 days after the issuance of the remittitur,
including the intermediate February 29, 2016.
federal petition did not contain extensive specific factual
allegations in support of the fifteen grounds presented.
Petitioner indicated that further grounds or amended grounds
would be forthcoming in an amended pleading and/or supporting
memorandum. He further asserted:
Petitioner is nearing the deadline under AEDPA. His delay has
been with cause, as he has significant medical issues and had
put the litigation in the care of a law clerk - it turned out
no work was ever done on it .....
ECF No. 1-1, at 8.
about June 4, 2016, petitioner mailed for filing a motion for
appointment of counsel. Petitioner detailed therein multiple
health conditions - including advanced degenerative disc
disease, carpal tunnel syndrome, arthritis, and advanced
chronic prostate disease - which he maintains make it
difficult to prepare and file papers without aggravating the
conditions and causing significant pain. He attached a
38-page handwritten supporting brief filed in the state
district court alleging eleven grounds for relief in detail.
about September 13, 2016, petitioner filed a motion for leave
to submit a memorandum in support of the petition “to
be added to his petition for [a] writ of habeas
corpus.” The 51-page handwritten supporting