LOUGHMILLER v. DICKINSON, 2:09-cv-02094-JKS. (2012)
Court: District Court, E.D. California
Number: infdco20120206412
Visitors: 2
Filed: Feb. 02, 2012
Latest Update: Feb. 02, 2012
Summary: ORDER [Re: Motion at Docket No. 35] JAMES K. SINGLETON, Jr., District Judge. At Docket No. 35 Richard Leon Loughmiller, a state prisoner proceeding pro se, filed a Motion for the Appointment of Counsel to represent him on appeal. There is no constitutional right to counsel in federal habeas proceedings. 1 This Court may, however, appoint counsel under the Criminal Justice Act in this case if the court determines that the interests of justice so require. 2 This Court having determined to i
Summary: ORDER [Re: Motion at Docket No. 35] JAMES K. SINGLETON, Jr., District Judge. At Docket No. 35 Richard Leon Loughmiller, a state prisoner proceeding pro se, filed a Motion for the Appointment of Counsel to represent him on appeal. There is no constitutional right to counsel in federal habeas proceedings. 1 This Court may, however, appoint counsel under the Criminal Justice Act in this case if the court determines that the interests of justice so require. 2 This Court having determined to is..
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ORDER
[Re: Motion at Docket No. 35]
JAMES K. SINGLETON, Jr., District Judge.
At Docket No. 35 Richard Leon Loughmiller, a state prisoner proceeding pro se, filed a Motion for the Appointment of Counsel to represent him on appeal. There is no constitutional right to counsel in federal habeas proceedings.1 This Court may, however, appoint counsel under the Criminal Justice Act in this case if the court determines that the interests of justice so require.2 This Court having determined to issue a certificate of appealability in this case has also determined that there is a reasonable likelihood that Loughmiller may prevail and that the legal issue presented is of sufficient complexity to warrant the appointment of counsel.
IT IS HEREBY ORDERED THAT the Motion for Appointment of Counsel at Docket No. 35 is GRANTED.
IT IS FURTHER ORDERED THAT the Federal Public Defender is hereby appointed as counsel for Richard Leon Loughmiller.
The Clerk of the Court is directed serve a copy of this Order on David Porter, Assistant Federal Public Defender, and to transmit a copy to the Court of Appeals.
FootNotes
1. See Lawrence v. Florida, 549 U.S. 327, 336-37 (2007) (citing Coleman v. Thompson, 501 U.S. 722, 756-57 (1991)).
2. 28 U.S.C. § 2254(h); 18 U.S.C. § 3006A(a)(2)(B); see Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983) ("In deciding whether to appoint counsel in a habeas proceeding, the district 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.").
Source: Leagle
