(HC) Coronado v. Yarborough ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ISAAC MACIAS CORONADO, Case No. 1:04-cv-06012-AWI-SAB-HC 11 Petitioner, ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS 12 v. ORDER DENYING MOTION FOR 13 M. YARBOROUGH, APPOINTMENT OF COUNSEL 14 Respondent. (ECF No. 37) 15 16 Petitioner is a state prisoner who filed a petition for writ of habeas corpus pursuant to 28 17 U.S.C. § 2254. On March 31, 2008, the Court denied the petition and entered judgment. (ECF 18 Nos. 28, 29). On November 21, 2019, the Court denied Petitioner’s motion for relief from 19 judgment and declined to issue a certificate of appealability. (ECF No. 31). 20 On January 27, 2020, Petitioner filed a motion for appointment of counsel. (ECF No. 32). 21 On May 1, 2020,1 the Court construed the motion as a notice of appeal and directed the Clerk of 22 Court to process the appeal. (ECF No. 33). On June 4, 2020, Petitioner filed the instant 23 document, which the Court construes as a motion to proceed in forma pauperis and motion to 24 appoint counsel. (ECF No. 37). See Castro v. United States, 540 U.S. 375, 38–82 (2003) (courts 25 may recharacterize a pro se motion to “create a better correspondence between the substance of a 26 pro se motion’s claim and its underlying legal basis”); Allen v. Calderon, 408 F.3d 1150, 1153 27 (9th Cir. 2005) (“[T]he district court must construe pro se habeas filings liberally.”). 1 Federal Rule of Appellate Procedure 24 provides: 2 Except as stated in Rule 24(a)(3), a party to a district-court action who desires to appeal in forma pauperis must file a motion in the 3 district court. The party must attach an affidavit that: 4 (A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s inability to pay or to give 5 security for fees and costs; 6 (B) claims an entitlement to redress; and 7 (C) states the issues that the party intends to present on appeal. 8 9 Fed. R. App. P. 24(a)(1). 10 Here, Petitioner has demonstrated his inability to pay. In his notice of appeal and the 11 instant motion, Petitioner claims entitlement to redress and appears to state the issues he seeks to 12 raise on appeal. (ECF Nos. 34, 37). Accordingly, the Court will grant the motion to proceed in 13 forma pauperis on appeal. 14 Petitioner also moves for appointment of counsel. There currently exists no absolute right 15 to appointment of counsel in habeas proceedings. See, e.g., Chaney v. Lewis, 801 F.2d 1191, 16 1196 (9th Cir. 1986); Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958). However, the 17 Criminal Justice Act authorizes the appointment of counsel at any stage of the proceeding for 18 financially eligible persons if “the interests of justice so require.” 18 U.S.C. § 3006A(a)(2)(B). 19 See also Rule 8(c), Rules Governing Section 2254 Cases. To determine whether to appoint 20 counsel, the “court must evaluate the likelihood of success on the merits as well as the ability of 21 the petitioner to articulate his claims pro se in light of the complexity of the legal issues 22 involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 23 Petitioner argues that counsel should be appointed because of his mental condition, his 24 lack of access to relevant documents, and his lack of education regarding the law. Upon review 25 of the motion, the Court finds that Petitioner appears to have a sufficient grasp of his claims and 26 the legal issues involved and that he is able to articulate those claims adequately. The legal issues 27 involved are not extremely complex, and Petitioner does not demonstrate a likelihood of success wOAOe LUT UVM LOOT OAD MUO BOO POM Vs Ee Ye VW VI 1 | time. However, the Court notes that Petitioner may file a motion for appointment of counsel in 2 | the United States Court of Appeals for the Ninth Circuit. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Petitioner’s motion to proceed in forma pauperis is GRANTED; and 5 2. Petitioner’s motion for appointment of counsel is DENIED. 6 , | 1T IS SO ORDERED. OF nf Be g | Dated: _ June 10, 2020_ OE 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28