(HC) Madero v. The People ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC CRUZ MADERO, Case No. 1:24-cv-00445-SAB-HC 12 Petitioner, ORDER DENYING PETITIONER’S MOTION TO APPOINT COUNSEL 13 v. (ECF No. 5) 14 THE PEOPLE, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. 19 Petitioner has moved for appointment of counsel. (ECF No. 5.) There currently exists no 20 absolute right to appointment of counsel in habeas proceedings. See, e.g., Chaney v. Lewis, 801 21 F.2d 1191, 1196 (9th Cir. 1986); Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958). 22 However, the Criminal Justice Act authorizes the appointment of counsel at any stage of the 23 proceeding for financially eligible persons if “the interests of justice so require.” 18 U.S.C. § 24 3006A(a)(2)(B). To determine whether to appoint counsel, the “court must evaluate the 25 likelihood of success on the merits as well as the ability of the petitioner to articulate his claims 26 pro se in light of the complexity of the legal issues involved.” Weygandt v. Look, 718 F.2d 952, 27 954 (9th Cir. 1983). /// 1 Petitioner only states that counsel should be appointed because cannot afford one. (ECF 2 | No. 5.) Upon review of the petition, the Court finds that Petitioner appears to have a sufficient 3 | grasp of his claims and the legal issues involved and that he is able to articulate those claims 4 | adequately. The legal issues involved are not extremely complex, and Petitioner does not 5 | demonstrate a likelihood of success on the merits such that the interests of justice require the 6 | appointment of counsel at the present time. 7 Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion to appoint counsel 8 | (ECF No. 5) is DENIED. 9 10 IT IS SO ORDERED. FA. ee 11 | Dated: _ May 16, 2024 ; UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28