Gargar v. Thompson

Filing 13

ORDER denying Petitioner's #10 Motion to Appoint Counsel. Signed by Magistrate Judge Grady J Leupold.(MW) (cc: Petitioner via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ABDULKADIR OSMAN GARGAR,

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v.

Petitioner,

CASE NO. 2:24-cv-00128-TMC-GJL
ORDER DENYING COUNSEL

MARK THOMPSON,
Respondent.

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The District Court has referred this 28 U.S.C. § 2254 action to United States Magistrate

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Judge Grady J. Leupold. Presently before the Court is Petitioner’s Motion to Appoint Counsel.

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Dkt. 10.

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There is no right to have counsel appointed in cases brought under 28 U.S.C. § 2254,

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unless an evidentiary hearing is required or such appointment is “necessary for the effective

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utilization of discovery procedures.” See McCleskey v. Zant, 499 U.S. 467, 495 (1991); United

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States v. Duarte-Higareda, 68 F.3d 369, 370 (9th Cir. 1995); United States v. Angelone, 894

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F.2d 1129, 1130 (9th Cir. 1990); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983); Rules

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Governing Section 2254 Cases in the United States District Courts 6(a) and 8(c). The Court also

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ORDER DENYING COUNSEL - 1

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may appoint counsel “at any stage of the case if the interest of justice so requires.” Weygandt,

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718 F.2d at 954. In deciding whether to appoint counsel, however, the Court “must evaluate the

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likelihood of success on the merits as well as the ability of the petitioner to articulate his claims

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pro se in light of the complexity of the legal issues involved.” Id.

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Petitioner has not demonstrated the circumstances required for the Court to appoint

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counsel. As explained in the Court’s Report and Recommendation (Dkt. 12), Petitioner is not

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likely to succeed on the merits and an evidentiary hearing is not warranted in this case. Id.

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Accordingly, Petitioner’s Motion to Appoint Counsel (Dkt. 10) is DENIED.

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Dated this 27th day of March, 2024.

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A

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Grady J. Leupold
United States Magistrate Judge

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ORDER DENYING COUNSEL - 2