Nailor v. California Department of Corrections and Rehabilitation
- Beth Freeman
- 5:20-cv-00724
- U.S. District Court · Northern District of California
- 4
In Nailor v. Fisher, Judge Freeman found Nailor incompetent to proceed without counsel, referred the habeas case for counsel, sealed medical records, and stayed proceedings.
Duane A. Nailor, whose federal habeas proceedings were stayed and whose medical information was sealed; the case will proceed with appointed counsel once counsel is found.
What happened
Nailor v. Fisher involves Duane A. Nailor, a state prisoner challenging his state conviction through a federal petition. He asked for a lawyer, guardian ad litem, or conservator, saying his mental illness and treatment side effects prevented him from preparing the case or understanding its consequences.
The court relied on a psychologist’s report and prison psychiatric records and found Nailor incompetent to continue without a lawyer. It also granted his request to seal sensitive medical information. The case concerns only representation and case management in this order; it does not decide whether Nailor’s conviction should be overturned.
Judge Beth Labson Freeman referred the matter to the Federal Pro Se Program to find counsel, directed that counsel be appointed once located, and stayed all proceedings until further notice. The court will set a new schedule after counsel is appointed.
The detailed version
- Nailor v. California Department of Corrections and Rehabilitation · No. 5:20-cv-00724
- Beth Freeman
- Sept. 20, 2021
Background
Duane A. Nailor, a state prisoner proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254 challenging his state conviction in Alameda County Superior Court. After difficulties concerning service of the respondent’s answer and deadlines for Nailor’s response, Nailor sought appointment of counsel based on schizophrenia and manic depression, for which he was taking psychotropic medication and receiving treatment through the prison mental health clinic.
The court previously found a substantial question about Nailor’s competence and referred the matter to the Federal Pro Se Program. It appointed T. Kennedy Helm for the limited purpose of representing Nailor in proceedings concerning whether a conservator or guardian ad litem should be appointed under Federal Rule of Civil Procedure 17(c).
Motions and Legal Standard
Nailor later moved for appointment of counsel, a guardian ad litem, or a conservator under Rule 17(c). He argued that his mental illness and treatment side effects left him unable to prepare his case or understand the consequences of actions related to it. He submitted a competence assessment by licensed psychologist Jennifer Kirkland, Ph.D., and excerpts from his psychiatric records. The motion was unopposed.
The court explained that the Sixth Amendment right to counsel does not apply in habeas cases. Unless an evidentiary hearing is required, appointment of counsel in such a case is generally within the district court’s discretion. The court also explained that Rule 17(c) applies to habeas proceedings and requires a court to appoint a guardian ad litem or otherwise protect an incompetent litigant’s interests. A guardian ad litem is a person appointed to protect the interests of someone who cannot adequately protect themself in the litigation.
Ruling
The court found Nailor incompetent to proceed with his habeas petition without a lawyer, relying on Dr. Kirkland’s declaration and Nailor’s psychiatric records. It referred the matter to Kevin Knestrick of the Federal Pro Se Program to find counsel under Rule 17(c). Once a lawyer was located, that lawyer was to be appointed as counsel for the remainder of the action.
The court also granted Nailor’s administrative motion to seal sensitive medical information in the motion and two exhibits. Finally, it stayed all proceedings until further notice and stated that it would set a new schedule after counsel was appointed. The order did not decide the merits of Nailor’s challenge to his conviction.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.