Sayidin v. Warner

Filing 17

ORDER denying Petitioner's 4 Motion to Appoint Counsel, 7 Motion for Evidentiary Hearing. Signed by Judge Theresa L Fricke.**2 PAGE(S), PRINT ALL**(Mahamad Sayidin, Prisoner ID: 325280)(MW)

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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 6 MAHAMAD HUSSEIN SAYIDIN, 7 8 9 10 11 v. Petitioner, JACK WARNER, Respondent. Case No. 2:24-cv-00098-JNW-TLF ORDER DENYING MOTIONS FOR APPOINTMENT OF COUNSEL AND MOTION FOR EVIDENTIARY HEARING WITHOUT PREJUDICE Petitioner Mahamad Hussein Sayidin filed this federal habeas corpus action 12 under 28 U.S.C. § 2254. Petitioner has filed a motion for appointment of counsel and a 13 motion seeking evidentiary hearing and for appointment of counsel. Dkts. 4, 7. 14 Respondent opposes the requests. Dkt. 10. 15 By order dated June 7, 2024, the Court informed petitioner that, for the Court to 16 properly evaluate his requests for counsel, petitioner must demonstrate that he is 17 financially eligible for such an appointment. Dkt. 16; See 18 U.S.C. § 3006A(a)(2)(B). 18 The Court noted that the record did not currently contain any documentation regarding 19 petitioner’s financial eligibility. Id. 20 Accordingly, the Court ordered petitioner to provide a financial affidavit to support 21 his requests for appointment of counsel on or before June 19, 2024. Id. The Court also 22 directed the Clerk to provide petitioner with a copy of the financial affidavit form. Id. 23 24 25 ORDER DENYING MOTIONS FOR APPOINTMENT OF COUNSEL AND MOTION FOR EVIDENTIARY HEARING WITHOUT PREJUDICE - 1 1 To date, petitioner has not provided the financial affidavit to support his requests 2 for appointment of counsel as directed by the Court. Id. Accordingly, petitioner’s 3 requests for appointment of counsel (Dkts. 4, 7) are DENIED without prejudice. 4 Petitioner may file a motion for appointment of counsel if he submits to the Court the 5 necessary financial affidavit to support his request, and the Court will consider 6 appointing counsel if the financial affidavit shows that his financial situation is such that 7 he qualifies for appointment of counsel. 8 9 Petitioner’s request for an evidentiary hearing (Dkt. 7) is also DENIED without prejudice, because it is premature. Respondent has filed a response to the petition 10 arguing that the petition is “mixed” and that petitioner must be given the choice of 11 dismissing his unexhausted claims and proceeding with his exhausted claim or 12 dismissing his entire petition without prejudice. Dkt. 8. 13 Petitioner has filed motions that appears to seek to amend his petition, to dismiss 14 his unexhausted claims, and proceed with his exhausted claim. Dkts. 12, 13. The 15 “mixed” petition issue is currently before the Court; respondent has not yet filed briefing 16 addressing the merits of petitioner’s claim(s). Accordingly, petitioner’s request for an 17 evidentiary hearing (Dkt. 7) is premature at this stage of the action and is DENIED 18 without prejudice. 19 Dated this 3rd day of July, 2024. 20 21 A 22 Theresa L. Fricke United States Magistrate Judge 23 24 25 ORDER DENYING MOTIONS FOR APPOINTMENT OF COUNSEL AND MOTION FOR EVIDENTIARY HEARING WITHOUT PREJUDICE - 2

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