(HC) Mims v. Burton ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 GEORGE MIMS, Case No. 2:22-cv-00521-TLN-JDP (HC) 11 Petitioner, ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL AND 12 v. GRANTING MOTION FOR EXTENSION OF TIME 13 ROBERT BURTON, ECF Nos. 10 & 11 14 Respondent. 15 16 Petitioner is a state prisoner proceeding without counsel on a petition for a writ of habeas 17 corpus pursuant to 28 U.S.C. § 2254. On May 11, 2022, the court screened his petition, notified 18 him that it failed to state a federal claim, and gave him thirty days to file an amended petition. 19 ECF No. 9. Petitioner has now filed motions for a ninety-day extension of time to file an 20 amended petition and for appointment of counsel. ECF Nos. 10 & 11. Petitioner’s motion for an 21 extension of time is granted in part, and he is granted thirty days from the date of this order to file 22 an amended petition. 23 Petitioner’s motion for appointment of counsel is denied. A petitioner in a habeas 24 proceeding does not have an absolute right to appointment of counsel. See Nevius v. Sumner, 105 25 F.3d 453, 460 (9th Cir. 1996). However, the court is authorized to appoint counsel at any stage of 26 the case “if the interests of justice so require.” See See Chaney v. Lewis, 801 F.2d 1191, 1196 27 (9th Cir. 1986); 18 U.S.C. § 3006A(a)(2)(B). In assessing whether to appoint counsel, the court 28 evaluates the petitioner’s likelihood of success on the merits and his ability to articulate his 1 | claims, considering the complexity of the legal issues involved. See Weygandt v. Look, 718 F.2d 2 | 952, 954 (9th Cir. 1983). 3 The court cannot conclude at this point that the interests of justice warrant appointing 4 | petitioner counsel. The legal issues involved in this action are not exceptionally complicated, and 5 || petitioner has not demonstrated a likelihood of success on the merits. 6 Accordingly, it is hereby ORDERED that: 7 1. Petitioner’s motion for appointment of counsel, ECF No. 11, is denied. 8 2. Petitioner’s motion for an extension of time, ECF No. 10, is granted in part. 9 3. Petitioner is granted thirty days from the date of this order in which to file an amended 10 || petition. 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ June 7, 2022 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28