Winkler v. Baca et al

Filing 8

ORDER denying Petitioner's ECF No. 7 Motion for Appointment of Counsel. Signed by Judge Miranda M. Du on 4/12/2018. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GARY JOSEPH WINKLER,

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Case No. 3:18-cv-00115-MMD-WGC
Petitioner,

ORDER

v.
ISIDRO BACA, et al.,
Respondents.
This pro se habeas petition comes before the Court on petitioner’s motion for
appointment of counsel (ECF No. 7).

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There is no constitutional right to appointed counsel for a federal habeas corpus

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proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999

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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);

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Bashor v. Risley, 730 F.2d 1228, 1234 (9th Cir.), cert. denied, 469 U.S. 838 (1984).

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However, counsel must be appointed if the complexities of the case are such that denial

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of counsel would amount to a denial of due process, and where the petitioner is a person

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of such limited education as to be incapable of fairly presenting his claims. See Chaney,

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801 F.2d at 1196; see also Hawkins v. Bennett, 423 F.2d 948 (8th Cir.1970).

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The petition in this case is sufficiently clear in presenting the issues that petitioner

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wishes to raise, and the issues are not complex. Petitioner’s assertion that he will have

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more credibility and be better able to conduct an investigation and litigate his petition with

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appointed counsel is not a basis for appointing counsel. Therefore, the Court concludes

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that counsel is not justified in this case, and the motion for appointment of counsel will be

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denied.

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It is therefore ordered that petitioner’s motion for appointment of counsel (ECF No.
7) is denied.
DATED THIS 12th day of April 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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