United States District Court, D. Nevada
BRANDEN J. HERMANSEN, Petitioner,
RENEE BAKER, et al., Respondents.
MIRANDA M. DU UNITED STATES DISTRICT JUDGE
habeas matter under 28 U.S.C. § 2254 comes before the
Court on petitioner's application (ECF No. 1) to proceed
in forma pauperis as well as his motion (ECF No.
1-2) for appointment of counsel and motion (ECF No. 1-3) for
leave to file memorandum submitted with the petition.
has paid the filing fee, and the pauper application therefore
will be denied as moot.
petitioner's motion for appointment of counsel, the
financial exhibits submitted with the pauper application
establish petitioner's financial eligibility for
appointment of counsel under 18 U.S.C. § 3006A. The
Court finds that appointment of counsel is in the interests
of justice given the allegations in the state courts of
mental health issues, which potentially may relate to a claim
of equitable tolling of the federal limitation period; the
potential complexity of the issues presented; and
petitioner's sentence in the aggregate of a life sentence
with eligibility for a non-institutional parole after serving
approximately 20 years.
therefore is ordered that petitioner's application (ECF
No. 1) to proceed in forma pauperis is denied as
further is ordered that, the filing fee having been paid, the
Clerk of Court will file the petition and accompanying
further is ordered that petitioner's motion for
appointment of counsel (ECF No. 1-2) submitted with the
petition is granted and the Clerk will reflect the grant of
the motion when docketing the motion. The counsel appointed
will represent petitioner in all federal proceedings related
to this matter, including any appeals or certiorari
proceedings, unless allowed to withdraw.
further is ordered that petitioner's motion for leave to
file memorandum (ECF No. 1-3) submitted with the petition is
granted and the Clerk will reflect the grant of the motion
when docketing the motion.
further is ordered that the Federal Public Defender will be
provisionally appointed as counsel and will have thirty (30)
days to undertake direct representation of petitioner or to
indicate to the Court the office's inability to represent
petitioner in these proceedings. If the Federal Public
Defender is unable to represent petitioner, the Court then
will appoint alternate counsel. A deadline for the filing of
an amended petition and/or seeking other relief will be set
after counsel has entered an appearance. The Court
anticipates setting the deadline for approximately one
hundred twenty (120) days from entry of the formal order of
appointment. Any deadline established and/or any extension
thereof will not signify any implied finding of a basis for
tolling during the time period established. Petitioner at all
times remains responsible for calculating the running of the
federal limitation period and timely presenting claims. That
is, by setting a deadline to amend the petition and/or by
granting any extension thereof, the Court makes no finding or
representation that the petition, any amendments thereto,
and/or any claims contained therein are not subject to
dismissal as untimely. See Sossa v. Diaz, 729 F.3d
1225, 1235 (9th Cir. 2013).
further is ordered, so that the respondents may be
electronically served with any papers filed through counsel,
that the Clerk will add state attorney general Adam P. Laxalt
as counsel for respondents and will make informal electronic
service of this order upon respondents by directing a notice
of electronic filing to him. Respondents' counsel must
enter a notice of appearance within twenty-one (21) days of
entry of this order, but no further response will be required
from respondents until further order of the Court.
Clerk, prior to mailing notices, shall include
petitioner's “back” number- 71709-in his
institutional address on the docket sheet.
Clerk further will send a copy of this order to the pro
se petitioner, the Nevada Attorney General, the Federal
Public Defender, and the CJA Coordinator for this division.
Clerk additionally will provide copies of all prior filings
herein to both the Attorney General and the Federal Public
Defender in a manner consistent with the Clerk's current