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Lin v. Valinken, 1:19-cv-01806-EPG-HC. (2020)

Court: District Court, E.D. California Number: infdco20200109a97 Visitors: 18
Filed: Jan. 08, 2020
Latest Update: Jan. 08, 2020
Summary: ORDER DENYING PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL (ECF No. 3) ERICA P. GROSJEAN , Magistrate Judge . Petitioner Wei Lin is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. On December 30, 2019, the Court received the instant motion for appointment of counsel. (ECF No. 3). There currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g. , Chaney v. Lewis , 801 F.2d 1191 , 1196 (9th Cir. 1986); Ande
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ORDER DENYING PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL

(ECF No. 3)

Petitioner Wei Lin is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On December 30, 2019, the Court received the instant motion for appointment of counsel. (ECF No. 3).

There currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958). However, 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the proceeding for financially eligible persons if "the interests of justice so require." To determine whether to appoint counsel, the "court must evaluate the likelihood of success on the merits as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved." Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983).

Petitioner argues that counsel should be appointed because he "has limited knowledge of the law and lacks expertise in the legal issues of his case." (ECF No. 3 at 1). Upon review of the petition, the instant motion, and Petitioner's other submissions to the Court, the Court finds that Petitioner appears to have a sufficient grasp of his claims and the legal issues involved and that he is able to articulate those claims adequately. The legal issues involved are not extremely complex, and Petitioner does not demonstrate a likelihood of success on the merits such that the interests of justice require the appointment of counsel at the present time.

If, upon review of Respondent's response to the petition, the Court finds that the legal issues are more complex than they appear currently, the Court will revisit Petitioner's request for counsel.

Accordingly, IT IS HEREBY ORDERED that Petitioner's motion for appointment of counsel (ECF No. 3) is DENIED without prejudice.

IT IS SO ORDERED.

Source:  Leagle

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