Robinson v. Williams et al

Filing 17

ORDER that 16 Motion to Appoint Counsel is DENIED. FURTHER ORDERED that 15 Motion to Extend Time to Respond re 9 Motion to Dismiss is GRANTED. Petitioner shall have forty-five (45) days from the date of this order to file and serve his response to the motion to dismiss. Signed by Judge Richard F. Boulware, II on 7/20/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CHARLES ERNEST ROBINSON,

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Petitioner,

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vs.

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Case No. 2:14-cv-02023-RFB-VCF

BRIAN E. WILLIAMS, SR., et al.,

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ORDER

Respondents.

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This habeas matter is before the court on petitioner’s second motion for appointment of counsel

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(ECF #16). As this court previously explained, there is no constitutional right to appointed counsel for

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a federal habeas corpus proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v.

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Vasquez, 999 F.2d 425, 428 (9th Cir.1993). The decision to appoint counsel is generally discretionary.

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Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir.1986), cert. denied, 481 U.S. 1023 (1987); Bashor v.

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Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984). However, counsel must be

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appointed if the complexities of the case are such that denial of counsel would amount to a denial of

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due process, and where the petitioner is a person of such limited education as to be incapable of fairly

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presenting his claims. See Chaney, 801 F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th

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Cir.1970).

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Petitioner’s form motion provides no further arguments as to why counsel should be appointed

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in this case. The court has reviewed the docket again and remains of the view that the petition on file

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in this action appears sufficiently clear in presenting the issues that petitioner wishes to raise. The legal

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issues do not appear to be particularly complex, and therefore, counsel is not justified. Petitioner’s

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second motion for counsel is denied.

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IT IS THEREFORE ORDERED that petitioner’s second motion for appointment of counsel
(ECF #16) is DENIED.

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IT IS FURTHER ORDERED that petitioner’s motion for extension of time to respond to the

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motion to dismiss (ECF #15) is GRANTED. Petitioner shall have forty-five (45) days from the date

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of this order to file and serve his response to the motion to dismiss.

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Dated: July 20, 2015

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_______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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