Dustin Cooper v. Nethanjah Breitenbach

Summary

The United States District Court for the District of Nevada screened Dustin Cooper’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 and found that a response was warranted. The court granted in forma pauperis status, directed service and substitution of the respondent, and gave Cooper until January 30, 2026, to move for appointment of counsel.

Holdings

1. The petition was not shown at the initial screening stage to be plainly unentitled to relief, so the court directed service and required respondents’ counsel to enter an appearance, while reserving further response until ordered.
2. The court found that appointment of counsel appeared to be in the interests of justice but did not appoint counsel immediately because Cooper had not requested it; instead, the court gave him until January 30, 2026, to move for appointment or indicate that he did not want counsel.

Questions Presented

1. Whether Cooper’s § 2254 petition should be screened and dismissed at the initial review stage or served on the respondents.
2. Whether the court should sua sponte appoint counsel or permit Cooper to move for appointment of counsel under the Criminal Justice Act.

Disposition

other