United States District Court, D. Nevada
ORDER DIRECTING SERVICE OF THE PETITION AND A
RESPONSE, GRANTING PETITIONER'S MOTION TO EXCEED PAGE
LIMIT AND APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS,
AND DENYING PETITIONER'S MOTION FOR APPOINTMENT OF
COUNSEL [ECF NOS. 1, 1-1, 2 & 3]
Jennifer A. Dorsey, U.S. District Judge.
Evan Eugene Moore brings this petition for writ of habeas
corpus under 28 U.S.C. § 2254 to challenge his 2008
state court conviction for first-degree murder with use of a
deadly weapon. Having conducted an initial review under Rule
4 of the Rules Governing Section 2254 Cases in the United
States District Courts, and having considered Moore's
application for leave to proceed in forma pauperis,
motion for leave to exceed page limit, and motion for
appointment of counsel:
that Moore cannot pay the filing fee, so I grant his
application for leave to proceed in forma pauperis.
initial review of the petition suggests that it should be
served on the respondents for a response, so I direct service
and a response.
moves for appointment of counsel. There is no constitutional
right to appointed counsel for a federal habeas corpus
proceeding. The decision to appoint counsel is
generally discretionary. However, counsel must be appointed if
the complexities of the case are such that denial of counsel
would amount to a denial of due process, and where the
petitioner is a person of such limited education as to be
incapable of fairly presenting his claims. Because the
petition and other filings in this case set fort the issues
sufficiently clearly, and the issues do not appear to be
particularly complex, I find that an appointment of counsel
is not justified. I therefore deny the motion for appointment
IT IS THEREFORE ORDERED that Moore's application for
leave to proceed in forma pauperis [ECF No.
1] is GRANTED, and Moore will not be required to pay
the filing fee.
FURTHER ORDERED that Moore's motion for appointment of
counsel [ECF No. 2] is DENIED; IT IS FURTHER
ORDERED that Moore's motion for leave to exceed page
limit [ECF No. 3] is GRANTED;
FURTHER ORDERED THAT the Clerk of Court is directed
• FILE the petition (ECF No. 1-1);
• Add Nevada Attorney General Aaron D. Ford as attorney
for respondents; and
• Informally electronically serve the Nevada Attorney
General with a copy of the petition and this order.
FURTHER ORDERED that respondents have until June 7,
2019, to file a response to the petition, including
any motion to dismiss; petitioner will then have 30
days from the date of service of that response to file a
reply. The response and reply time to any motion
filed by either party, including a motion filed in lieu of a
pleading, will be governed by Local Rule LR 7-2(b).
FURTHER ORDERED that if respondents file a response, they
must comply with these requirements, imposed under Habeas
1. Any procedural defenses raised by respondents in this case
must be raised together in a single, consolidated motion to
dismiss. In other words, the court does not wish to address
any procedural defenses raised herein either in
seriatum fashion in multiple successive motions to
dismiss or embedded in the answer. Procedural ...