United States District Court, D. Nevada
ORDER DISMISSING GROUND 5 OF THE PETITION, DIRECTING
SERVICE OF AND RESPONSE, AND DENYING MOTION FOR APPOINTMENT
OF COUNSEL [ECF NO. 1-1 & 2]
Jennifer A. Dorsey, U.S. District Judge
prisoner Jeffery Wilson brings this petition for habeas
relief under 28 U.S.C. § 2254 to challenge his 2013
Nevada state-court conviction and sentence for murder and
attempted murder. He also asks the court to appoint counsel.
Having conducted a preliminary review of Wilson's
petition under Rule 4 of the Rules Governing Section 2254
Cases in the United States District Courts and considered
Wilson's motion for appointment of counsel, I dismiss
Ground 5 of the petition, direct service of the petition and
a response to the remaining claims, and deny Wilson's
motion for appointment of counsel.
Motion for appointment of counsel
is no constitutional right to appointed counsel for a federal
habeas corpus proceeding. The court's decision to appoint
counsel is generally discretionary,  and counsel must be
appointed only if the case is so complex that denial of
counsel would amount to a denial of due process, or the
petitioner is a person of such limited education that he is
incapable of fairly presenting his claims.
standard is not met in this case. The petition and other
filings in this case are sufficiently clear in setting forth
the issues, and the issues do not appear to be particularly
complex. The record as a whole demonstrates that, despite
Wilson's allegation of limitations, he has been able to
adequately present his claims and represent himself.
Appointment of counsel is therefore not justified. So I deny
the motion for appointment of counsel.
Ground 5 is not cognizable on federal habeas review.
5 of the petition alleges ineffective assistance and other
errors in Wilson's state postconviction proceedings. Such
claims are not cognizable on federal habeas
review. So I dismiss Ground 5 of the petition.
THEREFORE ORDERED that Wilson's motion for appointment of
counsel (ECF No. 2) is DENIED.
FURTHER ORDERED that Ground 5 of the petition is DISMISSED.
IT IS FURTHER ORDERED THAT the Clerk of Court is
• 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 must file a response
to the petition (including any motion to dismiss) by June 28,
2019; 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 ...