LARRY R. HICKS, District Judge.
Pending before the court are numerous motions involving three issues: (1) whether petitioner may amend his habeas petition, (2) whether petitioner should be appointed counsel, and (3) whether and when respondents should respond to petitioner's habeas petition.
With respect to the first issue, respondents do not contest petitioner's right to amend his petition. See ECF No. 29 at 2. In addition, no responsive pleading has been filed by the respondents. See Fed. R. Civ. P. 15(a)(1) (allowing amendment as a matter of course prior to service of responsive pleading). Accordingly, petitioner will be permitted to file an amended petition.
Petitioner attached a proposed pleading to his motion to amend that includes three grounds for relief with supporting facts. See ECF No. 20-1. Because it is not on the court's approved form, however, it lacks the procedural information necessary for the opposing party to respond to the petition and for this court to adjudicate the petition. See Local Rule, LSR 3-1 ("A petition for writ of habeas corpus filed by a person who is not represented by an attorney must be on the form provided by this court."). Thus, the petitioner will be directed to file a complete amended petition on the form provided by this court.
The court has also reviewed its decision to deny appointment of counsel. As grounds for his request for appointment of counsel, petitioner cites to his inability to represent himself, the need for him to rely on other prisoners for legal assistance, and the disparity in legal training and resources between himself and the attorney general. ECF Nos. 9/13/15/16/23. These circumstances are common to state habeas petitioners and are not sufficient to entitle petitioner to appointed counsel. See Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.1986) (holding that petitioner is entitled to appointed counsel when "circumstances of a particular case indicate that appointed counsel is necessary to prevent due process violations"). Because the issues in this case are not, at this point, overly complex and there is no indication that an evidentiary hearing will be warranted, the court stands by its decision to deny counsel. See LaMere v. Risley, 827 F.2d 622, 626 (9
Lastly, the court will vacate its existing scheduling order (ECF No. 6) and issue a new scheduling order when petitioner files his amended petition. Thus, the respondents are not required to respond to the habeas petition on file.