Johnson v. Ryan et al
Filing
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ORDER - IT IS ORDERED denying Petitioner's Motion to Request the Appointment of Counsel (Doc. 8 ). (See document for further details). Signed by Magistrate Judge Eileen S Willett on 2/12/18. (LAD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Darryl D Johnson,
Petitioner,
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ORDER
v.
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No. CV-17-04473-PHX-GMS (ESW)
Charles L Ryan, et al.,
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Respondents.
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Petitioner Darryl D. Johnson, who is confined in the Arizona State Prison
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Complex-Yuma, filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
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§ 2254 (Doc. 1). The Court ordered Respondents to file an answer (Doc. 5 at 3).
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Pending before the Court is Petitioner’s Motion to Request the Appointment of
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Counsel (Doc. 8) and Respondents’ Response (Doc. 10). Petitioner requests that the
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Court appoint counsel for Petitioner because (i) Petitioner cannot afford to hire counsel,
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(ii) Petitioner has a meritorious claim but is not legally trained, (iii) Petitioner has no
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ability to conduct discovery or investigate the facts of his case, (iv) Petitioner’s helper
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was transferred to another facility, and (v) Petitioner has no practical ability to find an
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attorney.
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“Indigent state prisoners applying for habeas corpus relief are not entitled to
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appointed counsel unless the circumstances of a particular case indicate that appointed
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counsel is necessary to prevent due process violations.” Chaney v. Lewis, 801 F.2d
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1191,1196 (9th Cir. 1986). However, the Court has discretion to appoint counsel when
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“the interests of justice so require.” 18 U.S.C. § 3006A(a)(2)(B). “In deciding whether to
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appoint counsel in a habeas proceeding, the district court must evaluate the likelihood of
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success on the merits as well as the ability of the petitioner to articulate his claims pro se
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in light of the complexity of the legal issues involved.” Weygandt v. Look, 718 F.2d 952,
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954 (9th Cir. 1983) (per curiam) (citations omitted). “Neither of these considerations is
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dispositive and instead must be viewed together.” Palmer v. Valdez, 560 F.3d 965, 970
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(9th Cir. 2009).
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Having considered both elements, Petitioner has not shown that the interests of
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justice require the appointment of counsel in this case. Petitioner has not demonstrated a
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likelihood of success on the merits, nor has he shown that he is experiencing difficulty in
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litigating this case because of the complexity of the issues involved. Petitioner’s filings
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with the Court, as well as the instant motion, indicate that Petitioner remains capable of
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navigating his proceedings and presenting arguments to the Court. Petitioner is in a
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position no different than many pro se prisoner litigants. Should the Court determine that
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an evidentiary hearing in this matter is required or counsel is necessary for the effective
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utilization of discovery procedures, counsel may be appointed. See Rules 6(a) and 8(c),
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28 U.S.C. foll. § 2254.
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Accordingly,
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IT IS ORDERED denying Petitioner’s Motion to Request the Appointment of
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Counsel (Doc. 8).
Dated this 12th day of February, 2018.
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