Parkinson v. State of Utah

Filing 30

MEMORANDUM DECISION & ORDER: denying 22 Motion to Appoint Counsel; granting 28 Motion for copies. It is further ordered that Petitioner's motion for copies is GRANTED as a cone time courtesy. In the future, if petitioner wants copies of his own papers, he must make arrangements at the prison or hand copy them for his own benefit. Signed by Judge David Nuffer on 04/07/2017. (kpf)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH MICHAEL ROY PARKINSON, Petitioner, MEMORANDUM DECISION & ORDER v. STATE OF UTAH, Case No. 2:16-CV-152-DN Respondent. District Judge David Nuffer Petitioner, Michael Roy Parkinson, moves for appointment of an attorney to represent him free of charge. Petitioner has no constitutional right to appointed pro bono counsel in a federal habeas corpus case. 1 Moreover, because no evidentiary hearing is required here, Petitioner has no statutory right to counsel. 2 However, the court may in its discretion appoint counsel when "the interests of justice so require" for a "financially eligible person" bringing a § 2254 petition. 3 The court has reviewed the filings in this case and determines that justice does not require appointed counsel at this time. First, it is yet unclear that Petitioner has asserted any colorable claims. 4 Second, Petitioner has shown "the ability to investigate the facts necessary for [the] 1 See United States v. Lewis, No. 97-3135-SAC, 91-10047-01-SAC, 1998 WL 1054227, at *3 (D. Kan. December 9, 1998). 2 See Rule 8(c), R. Governing § 2254 Cases in U.S. Dist. Courts. 3 See 18 U.S.C.S. § 3006A(a)(2)(B) (2017). 4 See Lewis, 1998 WL 1054227, at *3; Oliver v. United States, 961 F.2d 1339, 1343 (7th Cir. 1992). issues and to articulate them in a meaningful fashion." 5 Finally, the issues in this case appear "straightforward and not so complex as to require counsel's assistance." 6 The Court thus denies for now Petitioner's motion for appointed counsel. IT IS HEREBY ORDERED that Petitioner's motion for appointed counsel is DENIED. 7 However, if it later appears that counsel may be needed or of specific help, the Ccourt may appoint an attorney to appear on Petitioner's behalf. IT IS FURTHER ORDERED that Petitioner's motion for copies is GRANTED as a onetime courtesy. 8 In the future, if Petitioner wants copies of his own papers, he must make arrangements at the prison or hand-copy them for his own benefit. Signed April 7, 2017. BY THE COURT ________________________________________ David Nuffer United States District Judge 5 Lewis, 1998 WL 1054227, at *3; Oliver, 961 F.2d at 1343. 6 Lewis, 1998 WL 1054227, at *3; Oliver, 961 F.2d at 1343. 7 (See Docket Entry # 22.) 8 (See Docket Entry # 28.) 2

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