Loughmiller v. Dickinson

Filing 36

ORDER signed by Senior Judge James K. Singleton on 2/2/2012 GRANTING petitioner's 35 Motion for Appointment of Counsel. The Federal Public Defender's Office is hereby APPOINTED as counsel for Richard Leon Loughmiller. Clerk directed to serve a copy of this Order on David Porter (AFD) and to Court of Appeals. (cc: 9th Circuit and Federal Defender's Office) (Marciel, M)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

RICHARD LEON LOUGHMILLER,
Case No: 2:09-cv-02094-JKS
Petitioner,
ORDER
[Re: Motion at Docket No. 35]

vs.
KATHLEEN DICKINSON, Warden,
Respondent.

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.

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.”).

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.
Dated: February 2, 2012
/s/ James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
United States District Judge

2