(HC) Noble v. Trate ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHAD NOBLE, Case No. 1:22-cv-01537-CDB (HC) 12 Petitioner, ORDER DENYING MOTION TO APPOINT COUNSEL 13 v. ORDER GRANTING MOTION REQUESTING 14 TRATE, COPIES OF EX PARTE/RESPONDENT’S RESPONSE TO PETITIONER’S MOTION 15 Respondent. (Docs. 19-20) 16 17 18 19 Petitioner Chad Noble (“Petitioner”) is a federal prisoner proceeding pro se with a Petition for 20 Writ of Habeas Corpus pursuant to § 2241. (Doc. 1). On May 24, 2023, Respondent filed a motion to 21 dismiss for lack of jurisdiction. (Doc. 18). Pending before the Court is Petitioner’s motions to appoint 22 counsel and requesting copies of ex parte/respondent’s response to Petitioner’s motion. (Docs. 19-20). 23 There currently exists no absolute right to appointment of counsel in habeas proceedings. See 24 e.g., Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Anderson v. Heinze, 258 F.2d 479, 481 25 (9th Cir. 1958). However, 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any 26 stage of the proceedings for financially eligible persons if “the interests of justice so require.” To 27 determine whether to appoint counsel, the “court must evaluate the likelihood of success on the merits 28 1 || as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of the 2 || legal issues involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). 3 In the present case, the Court does not find that the interests of justice would be served by the 4 || appointment of counsel. Petitioner appears to have a sufficient grasp of his claims and the legal 5 || questions involved. See generally (Doc. 1). The legal issue presented in Respondent’s motion to 6 || dismiss (Doc. 18), that this Court is without jurisdiction—via the escape hatch, does not appear to be 7 || overly complex and Petitioner has not demonstrated a likelihood of success on the merits such that th 8 || interests of justice require the appointment of counsel at the present time. Therefore, Petitioner’s 9 || motion for appointment of counsel (Doc. 19) will be denied. 10 Petitioner also requests the Court he be provided with a copy of Respondent’s “response to th 11 || Petitioner’s motion that this [C]ourt ordered due by May 24, 2023.” (Doc. 20 at 1). Further, 12 || Petitioner noted his address had changed and requested all future correspondence be sent to his new 13 || address. The Court will grant Petitioner’s request and will provide Petitioner a copy of Respondent’s 14 || motion to dismiss. The docket indicates Petitioner’s address has already been updated. See (Doc.). 15 Accordingly, for the reasons stated above, IT IS HEREBY ORDERED 16 1. Petitioner’s motion for appointment of counsel (Doc. 19) is DENIED; 17 2. Petitioner’s motion requesting copies of ex parte/respondent’s response to Petitioner’s 18 motion is GRANTED; 19 3. The Clerk of Court is DIRECTED to provide Petitioner a copy of Respondent’s motion to 20 dismiss (Doc. 18) along with the attached appendix (Doc. 18-1). 21 22 || IT IS SO ORDERED. Dated: _ June 6, 2023 | Wr bo 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28