Lewis v. Howard

Filing 6

OPINION AND ORDER by Judge Ronald A. White denying 3 Motion for Appointment of Counsel. (neh, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR
EASTERN DISTRICT OF OKLAHOMA

TTILED
JAN 1 5 2013

ISAIYA A. LEWIS,
Petitioner,
v.

BRUCE HOWARD, Warden,
Respondent.

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WILLIAM B. GUTHRIE
Clerk, U.S. District Court
BY·-~=--...__ _

Deputy clei'k

No. CIV 12-498-RAW-KEW

OPINION AND ORDER
DENYING MOTION FOR APPOINTMENT OF COUNSEL
Petitioner has filed a motion requesting the court to appoint counsel. He bears the
burden of convincing the court that his claim has sufficient merit to warrant appointment of
counsel. McCarthy v. Weinberg, 753 F.2d 836, 838 (lOth Cir. 1985) (citing United States

v. Masters, 484 F.2d 1251, 1253 (lOth Cir. 1973)). The court has carefully reviewed the
merits of petitioner's claim, the nature of factual issues raised in his allegations, and his
ability to investigate crucial facts. McCarthy, 753 F.2d at 838 (citing Maclin v. Freake, 650
F.2d 885, 887-88 (7th Cir. 1981)). After considering petitioner's ability to present his claims
and the complexity of the legal issues raised by the claims, the court finds that appointment
of counsel is not warranted. See Williams v. Meese, 926 F.2d 994, 996 (lOth Cir. 1991); See

also Rucks v. Boergermann, 57 F.3d 978, 979 (lOth Cir. 1995).

ACCORDINGLY, petitioner's motion [Docket No.3] is DENIED.
IT IS SO ORDERED this

leJtbday of January 2013.

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RONALD A. WHITE
UNITED STATES DISTRICT JUDGE