ROBERTSON v. ADDISON, CIV 11-238-FHS-KEW. (2012)
Court: District Court, E.D. Oklahoma
Number: infdco20120418e04
Visitors: 19
Filed: Apr. 16, 2012
Latest Update: Apr. 16, 2012
Summary: OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL FRANK H. SEAY, District Judge. Petitioner has filed a motion requesting the court to appoint counsel. He bears the burden of convincing the court that his claim has sufficient merit to warrant appointment of counsel. McCarthy v. Weinberg, 753 F.2d 836 , 838 (10th Cir. 1985) (citing United States v. Masters, 484 F.2d 1251 , 1253 (10th Cir. 1973)). The court has carefully reviewed the merits of petitioner's claim, the nature of f
Summary: OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL FRANK H. SEAY, District Judge. Petitioner has filed a motion requesting the court to appoint counsel. He bears the burden of convincing the court that his claim has sufficient merit to warrant appointment of counsel. McCarthy v. Weinberg, 753 F.2d 836 , 838 (10th Cir. 1985) (citing United States v. Masters, 484 F.2d 1251 , 1253 (10th Cir. 1973)). The court has carefully reviewed the merits of petitioner's claim, the nature of fa..
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OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL
FRANK H. SEAY, District Judge.
Petitioner has filed a motion requesting the court to appoint counsel. He bears the burden of convincing the court that his claim has sufficient merit to warrant appointment of counsel. McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985) (citing United States v. Masters, 484 F.2d 1251, 1253 (10th Cir. 1973)). The court has carefully reviewed the merits of petitioner's claim, the nature of factual issues raised in his allegations, and his ability to investigate crucial facts. McCarthy, 753 F.2d at 838 (citing Maclin v. Freake, 650 F.2d 885, 887-88 (7th Cir. 1981)). After considering petitioner's ability to present his claims and the complexity of the legal issues raised by the claims, the court finds that appointment of counsel is not warranted. See Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991); See also Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995). ACCORDINGLY, petitioner's motion [Docket No. 13] is DENIED.
IT IS SO ORDERED.
Source: Leagle
