Grow v. Dzurenda et al

Filing 23

ORDER that Petitioner's motion for appointment of counsel (ECF No. 22 ) is denied. Signed by Judge Miranda M. Du on 8/23/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOSHUA RYAN GROW,

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Petitioner,

ORDER

v.

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Case No. 3:17-cv-00637-MMD-WGC

JAMES DZURENDA, et al.,

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Respondents.

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In this habeas corpus action, Petitioner Joshua Ryan Grow filed a motion for
appointment of counsel (ECF No. 22) on August 21, 2018.

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The Court previously denied a motion by Grow for appointment of counsel (ECF

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No. 6), and the Court subsequently denied a motion by Grow for reconsideration of that

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order (ECF No. 12).

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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 1191,

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1196 (9th Cir. 1986) (citing Kreiling v. Field, 431 F.2d 638, 640 (9th Cir. 1970)) (per

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curiam). The Court may, however, appoint counsel at any stage of the proceedings “if the

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interests of justice so require.” See 18 U.S.C. § 3006A; see also Rule 8(c), Rules

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Governing § 2254 Cases; Chaney, 801 F.2d at 1196. The Court remains of the view that

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appointment of counsel is not warranted in this case.

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///

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It is therefore ordered that Petitioner’s motion for appointment of counsel (ECF No.
22) is denied.
DATED THIS 23rd day of August 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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