In Re Fernando Conde

2 DISTRICT OF NEVADA 3 * * * 4 Case No. 3:25-cv-00617-ART-CLB IN RE: FERNANDO CONDE 5 ORDER 6 On October 29, 2025, Fernando Conde, a pro se inmate in the custody of the 7 Nevada Department of Corrections, submitted a motion for appointment of counsel. (ECF 8 No. 1-1.) It is not clear what type of action Conde is trying to bring because he did not file 9 a complaint, a petition for a writ of habeas corpus, or any other document together with 10 his motion. Conde also did not attempt to pay a filing fee or apply to proceed in forma 11 pauperis (“IFP”). The Court will deny Conde’s motion for appointment of counsel without 12 prejudice and give Conde an opportunity to (1) submit an initiating document that clarifies 13 what type of action he is bringing and (2) satisfy the applicable filing fee for that type of 14 action by January 5, 2026. 15 I. DISCUSSION 16 A. Conde must file an appropriate initiating document. 17 If Conde wishes to challenge the conditions of his confinement at Ely State Prison 18 (or a prior place of incarceration), then he must file a civil rights complaint under 42 U.S.C. 19 § 1983. If Conde wishes to challenge a state conviction or sentence, he must file a petition 20 for a writ of habeas corpus under 28 U.S.C. § 2254. And if Conde wishes to challenge a 21 federal conviction or sentence—which seems unlikely given that Conde is currently 22 confined at a state prison—then he must file a motion to vacate, set aside, or correct a 23 sentence under 28 U.S.C. § 2255. Because Conde is representing himself, he must 24 personally sign any initiating document he files. Fed. R. Civ. P. 11(a). 25 B. Conde must satisfy the applicable filing fee. 26 This Court must collect filing fees from parties initiating civil actions. 28 U.S.C. § 27 1914(a). As of December 1, 2023, the fee for filing a civil-rights action is $405, which 28 includes the $350 filing fee and the $55 administrative fee. See 28 U.S.C. § 1914(a)– 2 file a motion under § 2255. 3 “Any person who is unable to prepay the fees in a civil case may apply to the court 4 for leave to proceed in forma pauperis.” LSR 1-1. For an inmate to apply for IFP status, 5 the inmate must submit all three of the following documents to the Court: (1) a completed 6 Application to Proceed in Forma Pauperis for Inmate, which is pages 1–3 of the 7 Court’s approved form, that is properly signed by the inmate twice on page 3; (2) a 8 completed Financial Certificate, which is page 4 of the Court’s approved form, that is 9 properly signed by both the inmate and a prison or jail official; and (3) a copy of the 10 inmate’s prison or jail trust fund account statement for the previous six-month 11 period. See 28 U.S.C. § 1915(a)(1)–(2); LSR 1-2. IFP status does not relieve inmates of 12 their obligation to pay the filing fee, it just means that an inmate can pay the fee in 13 installments. See 28 U.S.C. § 1915(b). 14 C. Conde’s motion for appointment of counsel is denied. 15 There is no constitutional right to appointed counsel in civil cases. Storseth v. 16 Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). However, in “exceptional circumstances,” 17 the Court may request for an attorney to represent a litigant who cannot afford counsel. 18 28 U.S.C. § 1915(e)(1); Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). “When 19 determining whether ‘exceptional circumstances’ exist, a court must consider ‘the 20 likelihood of success on the merits as well as the ability of the petitioner to articulate his 21 claims pro se in light of the complexity of the legal issues involved.” Palmer, 560 F.3d at 22 970 (quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983)). “Neither of these 23 considerations is dispositive and instead must be viewed together.” Id. (citing Wilborn v. 24 Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)). 25 Conde states that the issues in this case are complex, he cannot adequately 26 present his claims without counsel, and he cannot retain private counsel. (ECF No. 1-1 27 at 2.) But Conde makes no effort to explain the underlying issues in this case, and without 28 an appropriate initiating document on file, there is no way for the Court to evaluate 2 for appointment of counsel without prejudice. 3 II. CONCLUSION 4 Accordingly, IT IS ORDERED that Conde’s motion for appointment of counsel 5 (ECF No. 1-1) is DENIED without prejudice. 6 IT IS FURTHER ORDERED that Conde has until January 5, 2026, to file a civil 7 rights complaint challenging his conditions of confinement under 42 U.S.C. § 1983, a 8 habeas corpus petition challenging a state conviction or sentence under 28 U.S.C. § 9 2254, or a motion challenging a federal conviction or sentence under 28 U.S.C. § 2255. 10 IT IS FURTHER ORDERED that Conde has until January 5, 2026, to either pay 11 the full filing fee for the type of action he is bringing or file a fully complete IFP application 12 with all three required documents: (1) a completed IFP application with the inmate’s two 13 signatures on page 3, (2) a financial certificate that is properly signed both by the inmate 14 and prison official, and (3) a copy of the inmate’s trust fund account statement for the 15 previous six month period. 16 Conde is cautioned that this action will be subject to dismissal without prejudice if 17 Conde fails to timely comply with this order. A dismissal without prejudice allows Conde 18 to refile the case with the Court, under a new case number, when Conde can file an 19 initiating document and address the matter of the filing fee. 20 The Clerk of Court is directed to send Conde the approved IFP application for an 21 inmate and instructions for the same, the approved form for filing a 42 U.S.C. § 1983 22 complaint and instructions for the same, the approved form for filing a 28 U.S.C. § 2254 23 habeas corpus petition and instructions for the same, and the approved form for filing a § 24 2255 motion and instructions for the same. 25 IT IS SO ORDERED. 26 DATED: November 6, 2025. 27 28 ___ UNITED STATES MAGISTRATE JUDGE