(HC) Battle v. David Holbrook ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ARTHUR J.M. BATTLE, III, Case No. 2:20-cv-01851-JDP (HC) 11 Petitioner, ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL 12 v. ECF No. 13 13 THE PEOPLE OF THE STATE OF CALIFORNIA, 14 Respondent. 15 16 17 Petitioner is a state prisoner proceeding without counsel on a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. He has filed a motion requesting the appointment of 19 counsel. ECF No. 13. 20 A petitioner in a habeas proceeding does not have an absolute right to appointment of 21 counsel. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, the court is 22 authorized to appoint counsel at any stage of the case “if the interests of justice so require.” See 23 See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); 18 U.S.C. § 3006A(a)(2)(B). In 24 assessing whether to appoint counsel, the court evaluates the petitioner’s likelihood of success on 25 the merits and his ability to articulate his claims, considering the complexity of the legal issues 26 involved. See Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 27 The court cannot conclude at this point that the interests of justice warrant the 28 appointment of counsel. The legal issues involved in this action are not exceptionally 1 | complicated, and petitioner has not demonstrated a likelihood of success on the merits. 2 | Accordingly, petitioner’s motion to appoint counsel, ECF No. 13, is denied without prejudice. 3 The court may revisit this issue at a later stage of the proceedings if the interests of justice 4 | sorequire. If plaintiff later renews his request for counsel, he should provide a detailed 5 | explanation of the circumstances that he believes justify appointment of counsel in this case. 6 7 IT IS SO ORDERED. Dated: _ April 1, 2021 9 JEREMY D. PETERSON 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28