# Brown v. Gittere > District Court, D. Nevada · April 1, 2022 URL: https://www.frixlaw.com/law-library/cases/10295569 ## Case - **Court:** District Court, D. Nevada - **Decided:** April 1, 2022 - **Opinion:** 100trialcourt - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10295569 ## Opinion text 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * * 9 SHAWN K. BROWN, Case No. 3:22-cv-00130-RCJ-CSD 10 Petitioner, ORDER v. 11 GITTERE, et al., 12 Respondents. 13 14 Shawn K. Brown has submitted a pro se petition for writ of habeas corpus, 15 pursuant to 28 U.S.C. § 2254 (ECF No. 1-1). He paid the filing fee (see ECF No. 3), 16 and therefore, his application to proceed in forma pauperis (ECF No. 1) is denied as 17 moot. The court has reviewed the petition pursuant to Habeas Rule 4 and directs that it 18 be docketed and served on respondents. 19 A petition for federal habeas corpus should include all claims for relief of which 20 petitioner is aware. If petitioner fails to include such a claim in his petition, he may be 21 forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C. 22 §2254(b) (successive petitions). If petitioner is aware of any claim not included in his 23 petition, he should notify the court of that as soon as possible, perhaps by means of a 24 motion to amend his petition to add the claim. 25 Petitioner has also submitted a motion for appointment of counsel (ECF No. 1-2). 26 There is no constitutional right to appointed counsel for a federal habeas corpus 27 proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir.1993). The decision to appoint counsel is generally discretionary. 1 Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.1986), cert. denied, 481 U.S. 1023 2 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 3 (1984). However, counsel must be appointed if the complexities of the case are such 4 that denial of counsel would amount to a denial of due process, and where the petitioner 5 is a person of such limited education as to be incapable of fairly presenting his claims. 6 See Chaney, 801 F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th 7 Cir.1970). Here, Brown was convicted by a jury of first-degree murder and sentenced to 8 life without the possibility of parole. It is also not clear to the court that Brown is capable 9 of fairly presenting his claims. In order to ensure due process, the court grants Brown’s 10 motion for counsel. 11 IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma 12 pauperis (ECF No. 1) is DENIED as moot. 13 IT IS FURTHER ORDERED that the Clerk of Court detach, file, and electronically 14 serve the petition (ECF No. 1-1) on the respondents. 15 IT IS FURTHER ORDERED that the Clerk add Aaron D. Ford, Nevada Attorney 16 General, as counsel for respondents and provide respondents an electronic copy of all 17 items previously filed in this case by regenerating the Notice of Electronic Filing to the 18 office of the AG only. 19 IT IS FURTHER ORDERED that the Clerk detach and file petitioner’s motion for 20 appointment of counsel (ECF No. 1-2). 21 IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel is 22 GRANTED. 23 IT IS FURTHER ORDERED that the Federal Public Defender for the District of 24 Nevada (FPD) is appointed to represent petitioner. 25 IT IS FURTHER ORDERED that the Clerk ELECTRONICALLY SERVE the FPD 26 a copy of this order, together with a copy of the petition for writ of habeas corpus (ECF 27 No. 1-1). The FPD has 30 days from the date of entry of this order to file a notice of ' appearance or to indicate to the court its inability to represent petitioner in these 2 proceedings. IT IS FURTHER ORDERED that after counsel has appeared for petitioner in this 4 case, the court will issue a scheduling order, which will, among other things, set a deadline for the filing of an amended petition. 7 DATED: 1 April 2022. ROBERT ONES 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10295569. Public record. Not legal advice.