Elawyers Elawyers
Washington| Change

MORRIS v. BAKER, 3:14-cv-00444-LRH-WGC. (2015)

Court: District Court, D. Nevada Number: infdco20150205c23 Visitors: 2
Filed: Feb. 04, 2015
Latest Update: Feb. 04, 2015
Summary: ORDER LARRY R. HICKS, District Judge. This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254 by a Nevada state prisoner. Petitioner has filed a motion for the appointment of counsel. (ECF No. 5). Pursuant to 18 U.S.C. 3006(a)(2)(B), the district court has discretion to appoint counsel when it determines that the "interests of justice" require representation. There is no constitutional right to appointed counsel for a federal habeas corpus proceedin
More

ORDER

LARRY R. HICKS, District Judge.

This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a Nevada state prisoner.

Petitioner has filed a motion for the appointment of counsel. (ECF No. 5). Pursuant to 18 U.S.C. § 3006(a)(2)(B), the district court has discretion to appoint counsel when it determines that the "interests of justice" require representation. There is no constitutional right to appointed counsel for a federal habeas corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 (9th Cir. 1993). The decision to appoint counsel is generally discretionary. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986), cert. denied, 481 U.S. 1023 (1987); Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984). The petition on file in this action is well-written and sufficiently clear in presenting the issues that petitioner wishes to bring. The issues in this case are not complex. Counsel is not justified in this instance.

On January 29, 2015, respondents filed an answer and exhibits, and served the same on petitioner. (ECF Nos. 11-14). If petitioner wishes to file a reply to the answer, he shall do so within 45 days from the date of entry of this order.

IT IS THEREFORE ORDERED that petitioner's motion for the appointment of counsel (ECF No. 5) is DENIED.

IT IS FURTHER ORDERED that, if petitioner wishes to file a reply to the answer, he shall do so within forty-five (45) days from the date of entry of this order. Thereafter, this matter will be submitted for decision.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer