Little v. Haynes

Filing 72

MINUTE ORDER denying Petitioner's 60 Motion to Appoint Counsel. Authorized by Judge Thomas S. Zilly.**1 PAGE(S), PRINT ALL**(Nicholas Little, Prisoner ID: 383972)(MW)

1
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

2
3
4

NICHOLAS STERLING LITTLE,

5
6
7

Petitioner,

10

MINUTE ORDER

RONALD HAYNES,

8
9

C20-1071 TSZ

v.

Respondent.
The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

(1)
Petitioner’s motion to appoint counsel, docket no. 60, is DENIED. After
11 reviewing Petitioner’s habeas petition brought under 28 U.S.C. § 2254, docket no. 6, and
the Honorable Michelle L. Peterson’s Report and Recommendation (“R&R”), docket
12 no. 59, the Court concludes that the appointment of counsel is not necessary to file
objections to the R&R, nor is it required in the interest in justice. See Order (docket
13 no. 58 at 6–7) (citing Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983) (per curiam)
(explaining appointment of counsel in habeas proceedings is required if necessary for
14 effective utilization of discovery procedures or if an evidentiary hearing is required));
accord Duckett v. Godinez, 67 F.3d 734, 750 n.8 (9th Cir. 1995); see also 28 U.S.C.
15 § 2254(h) (providing that a court may, in its discretion, “appoint counsel for an applicant
who is or becomes financially unable to afford counsel”).
16
(2)
The Clerk is directed to send a copy of this Minute Order to pro se
17 Petitioner, all counsel of record, and Judge Peterson.
18

Dated this 7th day of June, 2021.

19

William M. McCool
Clerk

20

s/Gail Glass
Deputy Clerk

21
22
23
MINUTE ORDER - 1