Counts v. Nevan et al

Filing 16

ORDER Denying 13 Ex Parte Motion for Appointment of Counsel. IT IS FURTHER ORDERED that 14 Motion to Appoint Counsel is DENIED. IT IS FURTHER ORDERED that 15 Motion to Extend Time is GRANTED. Answer or other response to petition is due by 1/22/2014. Signed by Judge Jennifer A. Dorsey on 12/20/13. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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KENNETH COUNTS,

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Petitioner,

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vs.

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Case No. 2:11-cv-01571-JAD-GWF

DWIGHT NEVEN, et al.,

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ORDER

Respondents.

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Petitioner has submitted an ex parte motion for appointment of counsel (Dkt. #13) and a

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motion to appoint counsel (Dkt. #14). Whenever the court determines that the interests of justice so

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require, counsel may be appointed to any financially eligible person who is seeking habeas corpus

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relief. 18 U.S.C. § 3006A(a)(2)(B). “[T]he district court must evaluate the likelihood of success on

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the merits as well as the ability of the petitioner to articulate his claims pro se in light of the

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complexity of the legal issues involved.” Weygandt v. Look, 718 F.2d 952 (9th Cir. 1983). There is

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no constitutional right to counsel in federal habeas proceedings. McCleskey v. Zant, 499 U.S. 467,

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495 (1991). The factors to consider are not separate from the underlying claims, but are

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intrinsically enmeshed with them. Weygandt, 718 F.2d at 954. After reviewing the petition, the

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court finds that appointment of counsel is not warranted.

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Respondents have submitted a motion for enlargement of time (first request) (Dkt. #15),
which the court grants.
IT IS THEREFORE ORDERED that petitioner’s ex parte motion for appointment of
counsel (Dkt. #13) is DENIED.

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IT IS FURTHER ORDERED that petitioner’s motion to appoint counsel (Dkt. #14) is
DENIED.
IT IS FURTHER ORDERED that respondents’ motion for enlargement of time (first

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request) (Dkt. #15) is GRANTED. Respondents shall have through January 22, 2014, to file and

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serve an answer or other response to the petition for a writ of habeas corpus.

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DATED: December 20, 2013.

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_________________________________
JENNIFER A. DORSEY
United States District Judge

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